A Dane County judge has rejected the city of Madison's appeal of an earlier ruling thwarting its prosecution of a participant in last year's World Naked Bike Ride. But the city intends to keep prosecuting other citations.
As Isthmus reported, Madison Municipal Court Judge James Olds last November dismissed charges against Cesilee Dean, one of nine people issued $429 disorderly conduct fines at the June 19 event. Olds noted there are no state and local laws "specifically prohibiting public nudity." The city, which believes nudity can be a factor in disorderly conduct, appealed.
Circuit court Judge Sarah O'Brien last week ruled (PDF) that the city appealed under the wrong section of the law. She refused to let it refile under the correct one, saying the City Attorney's Office should have known better, and "I believe enough judicial resources have been used for the litigation of this minor citation."
City Attorney Mike May says the city will not appeal the dismissal of charges against Dean.
"I feel relieved," says Dean, who was represented by attorney Dan Bach, a former deputy attorney general. "It has been a really long time, a lot of waiting."
For the other defendants, it's not over yet. May says that since the judge "didn't really rule on the merits," the city intends to resume its prosecution of the remaining defendants, whose cases were put on hold pending resolution of Dean's case.
And there could be more cases to come. Planning for this year's World Naked Bike Ride in Madison began with a meeting this week.
