A new trial has been ordered in a civil lawsuit filed over a very revealing costume a man wore to San Diego's Pride Festival several years ago.
Will Walters' argument in U. S. District Court was that his clothing was no more revealing than many swimming suits seen at San Diego's beaches and the Over-the-Line tournament each summer.
That argument was initially denied, but now he gets a second chance.
RELATED: Man Files Claim Over Public Nudity Arrest At Pride Event
Walters was clad in a gladiator-style kilt, with a Speedo-type G-string underneath.
Openly gay, he wore it to the 2011 San Diego Pride Festival. It was there where Walters was arrested for public nudity and taken to jail.
No charges were filed, though, and Walters was released. He brought a civil suit in federal court, which was dismissed.
Walters' attorney then went to the 9th Circuit Court of Appeal and has been granted a new trial.
RELATED: Could lawsuit over kilt worn at San Diego Pride Festival affect San Diego's rules on public nudity?
Attorney Chris Morris told 10News, "There really was a double standard at issue; it treated a gay man wearing a bathing suit that you can find any day at any beach in San Diego different and citing them for public nudity while everyone else walks free; constrained only by their own good taste."
Morris said he hopes to win more treatment that is positive for all members of the LGBT community.
