Judge says women can go topless in Colorado town

[Danee]

A Colorado judge has issued an injunction against the Fort Collins ordinance that bans women from going topless in public, saying the rule is probably unconstitutional.

http://noconow.co/2lzHoHA


A Colorado judge has issued an injunction against the Fort Collins ordinance that bans women from going topless in public, saying the rule is probably unconstitutional.




FORT COLLINS, Colo. — A federal judge in Denver blocked the Fort Collins ban on female toplessness Wednesday.
U.S. District Judge R. Brooke Jackson wrote the ordinance — which mandates women will not knowingly expose their breasts in public — is rooted in discrimination against women.
"Thus, it perpetuates a stereotype engrained in our society that female breasts are primarily objects of sexual desire whereas male breasts are not," Jackson wrote.Bare-chest activist plans to show up on Md. beachesJackson granted the plaintiffs' request for a preliminary injunction and said it's likely to succeed at a permanent injunction. He wrote that he would likely find the ordinance unconstitutional when the case goes to trial.
He criticized city lawyers' chief arguments that the law maintains public order and protects children. He cited testimony by Fort Collins Police Services assistant chief Jerry Schiager, who told the court that topless women would cause distracted driving and traffic issues, which Jackson said "amounts to little more than speculation."
Jackson also criticized the city's inability to provide "meaningful evidence" to support its argument that the sight of a female breast endangers children.Polaroids, trucker hats, Geraldo: The story of topless doughnut shop in 1989City attorney Carrie Daggett issued a statement Wednesday, in which she said the city would no longer cite women for exposing their breast in public, pending a final decision in the case.
"While the judge has acknowledged the other cases upholding similar laws, he concluded he is likely to find the city's restriction on female toplessness in public is based on an impermissible gender stereotype that results in a form of gender-based discrimination," she wrote. "The city is reviewing the judge's decision in this case and city legal, policy and enforcement staff will be considering the city's options for next steps in light of the order."
Plaintiff Brit Hoagland said the preliminary injunction is a "historic victory."
Hoagland said the fight over the topless ban was not as important as the fight over the right to vote or other current social justice issues but that the injunction granted privileges to women that men had all along.Free the Nipple crosses the pond; British march topless"It's a huge relief," Hoagland said. "It is definitely a big win."
Jackson cited evidence including testimony by the chair of Colorado College's psychology department that sexual objectification of the female breast contributes to higher rates of sexual assault and violence as factors in his decision.
"The naked female breast is seen as disorderly or dangerous because society, from Renaissance paintings to Victoria's Secret commercials, has conflated female breasts with genitalia and stereotyped them as such," Jackson wrote.
The complaint, filed in May 2016, alleges the city of Fort Collins violated the free speech clause in the First Amendment to the U.S. Constitution and the equal protection clause of the 14th Amendment. The local effort by Free the Nipple supporters is part of an international movement to end bans on females being topless in public.
Neighboring cities, including Denver, have no gender-specific indecency laws.

[cjpilotboy]

I wonder if there are any gatherings to celebrate this. Id imagine it would be quite the joyous occasion.

[King Pizza]

This article has returned to the news in more recent dayshttp://anonhq.com/united-states-federal-court-rules-females-free-display-breasts-public/. I don't exactly know why it's been in the news in April, since the news about the preliminary injunction was decided and announced in February. While I like this outcome, I'm not sure that going to federal court to have reach this outcome is the best move strategically.

[Il_lore]

In the meanwhile, in Italy you cannot walk around a city with bare chest, even if you're a man.
Gender equality in the wrong direction :)

[Albinl]

This is great! I really cant see why men can go topless and women cant. Whats the difference between male and female nipples? I remember someone tested it a while ago on Instagram i think it was to proove how bizarre it is. She took a photo of her and her boyfriend where both were topless and switched nipples in photoshop and it was taken down but when she copied his nipples to both of them it was ok.

Check out genderless_nipples on Instagram and try to tell wich ones are male and female.

[kahuna]

Fort Collins needs to open their eyes to the widespread fact of bare female breasts. To my knowledge it all started with a legal case in New York state about 20 years ago. The outcome was a ruling that ANY PLACE IN NEW YORK STATE a woman can be bare breasted in ANY public place. The only exceptions are PRIVATE places, like businesses or sporting events. There is a group of women in New York City who get together regularly to read pulp fiction, talk and sunbathe. On colder days they have negotiated with businesses to have luncheons, spa days, and theater events. Many cities around the US have similar groups and events. Florida developed (over several years of hard work) a nude beach near Miami. Much progress has been made on both coasts where international tourists tend to land.

There is another movement around Washington, D.C., and Philadelphia where "bare chestedness" (as the leader prefers to call it) is legal, including bicycling.

[Freedom]

That's pretty crazy about itlaly. I didn't know that.