William X. Walters argued that he was targeted because he is gay while police allow women to wear even more revealing thongs at local beaches and at the annual Over-the-Line tournament at Fiesta Island.
Though evidence showed that Walters may be the only person ever arrested for violating the ordinance without being entirely naked, that does not prove that he was targeted because he is gay, the judge ruled.
The arresting officer had given Walters a chance to avoid being arrested by covering up but he refused, according to court documents.
Walters responded to the officer by saying, "So either cite me, arrest me, or leave me alone because I'm not interested in your opinion," according to the documents.
From a standing position, Walters genitals and buttocks were covered by his loincloth, the judge ruled.
Thom Senzee, a journalist covering LGBT issues and acting as Walters' spokesman, said the decision is significant as a civil rights issue.
Chris Morris, an attorney for Walters, said the U.S. 9th Circuit Court of Appeals will have to "decide if it's OK for the police to allow women to wear g-strings at [Over-the-Line] while preventing gay men from wearing a gladiator kilt during Pride."
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