Dani Mathers is one step closer to a trial in the body-shaming case against her.
The Playboy Playmate, who drew widespread wrath for allegedly posting a body-shaming photo of an elderly woman at her gym, suffered a legal defeat on Monday, with a judge denying both Mathers’ motion to dismiss the charges and her motion to continue, a representative for the Los Angeles City Attorney told TheWrap on Monday.
Mathers had contended that the law she was charged with violating is too ambiguous to pass constitutional muster, the New York Daily News reports.
According to the city attorney’s office, the next court date in the case is set for May 24.
Mathers is accused of secretly photographing a 71-year-old nude woman in the shower area of her L.A. Fitness gym and then posting it with the mocking caption, “If I can’t unsee this then you can’t either” via Snapchat.
Since allegedly posting the photo in July, Mathers has been banned from L.A. Fitness gyms and fired from her gig at Los Angeles radio station KLOS, where she appeared as a regular on the station’s morning show.
In November, Mathers was charged with one count of invasion of privacy, which carries a sentence of up to six months in jail and a $1,000 fine.
In February, the Los Angeles City Attorney’s office scoffed at Mathers’ request to have her sentence deferred, stating that Mathers “does not qualify nor merit such leniency.
The city attorney cited Mathers’ perceived lack of remorse in its argument.
“Defendant petitions the court for diversion … however, she does not qualify nor merit such leniency. Her post-crime behavior is indicative of the fact that Defendant has never shown remorse for her behavior and therefore she should face the consequences of her cruel and criminal act,” the city attorney contended.