Gatena v. County of Orange

ORDER

CONWAY, District Judge.

I. Introduction.

This cause is before the Court on a challenge to the constitutionality of section 26-26 of the Orange County Code, which prohibits public nudity with some exceptions. Plaintiff, Kim Gatena (“Gatena”), is a nude dancer. Gatena believes that a nude woman engaged in dance, combined with music, is an art form which conveys “an important message of sexuality and eroticism.” [Compl. § IV.C.] Gatena claims that Orange County’s public nudity ordinance unconstitutionally infringes upon her right to continue in her chosen profession, expand her livelihood,…