Cecily Zamora
In the United States, there is no uniform rule regarding women going shirtless in public as laws regulating nudity are a matter of state and local law. While the majority of states have laws against the arrest of women for being topless in settings where it is acceptable for men, local ordinances may ban the practice, and there is a lot of grey area for police officers to interpret and make arrests for public indecency or disorderly conduct. In April 2017, a US District Court in Colorado ruled that a law prohibiting women from exposing their breasts in public was unconstitutional discrimination against women, but this ruling is not binding in other states. In Canada, while topfreedom is allowed in some provinces, there is no federal law, and the law on public decency is open to interpretation by the courts.
| Characteristics | Values |
|---|---|
| Country | United States |
| States with topless freedom | California, North Carolina, New York |
| Cities with topless freedom | Venice Beach |
| States with ambiguous laws | Not mentioned |
| States where female toplessness is illegal | Not mentioned |
| States with top-free statutes | Majority of states |
| Cities with ordinances against top-free statutes | Fort Collins, Colorado |
| Organisation advocating for topless equality | GoTopless |
| Court rulings supporting topless freedom | Minor v. Happersett (1875), US District Court ruling in Colorado (2017) |
| Court rulings against topless freedom | Seattle v. Buchanan (1978) |
| Celebrities supporting topless freedom | Chelsea Handler, Miley Cyrus, Scout Willis |
| Hashtag associated with the movement | #FreeTheNipple |
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What You'll Learn
- In 2017, a US District Court in Colorado ruled that a law prohibiting women from exposing their breasts in public was unconstitutional discrimination against women
- The majority of US states have laws stating that women can't be arrested under state law solely for being topless in settings where it's okay for men
- Local ordinances may ban or allow the practice in opposition to state law, and police officers may still arrest citizens for disorderly conduct
- In Canada, the law on public decency is found in Sections 173 and 174 of the Criminal Code, but what constitutes an indecent act is open to interpretation
- In Brazil, a woman who identified as 'travesti' went topless in protest, and the police did not know whether to arrest her or acknowledge her gender
In 2017, a US District Court in Colorado ruled that a law prohibiting women from exposing their breasts in public was unconstitutional discrimination against women
In the United States, public indecency laws are a matter of state and local law, rather than federal law. In April 2017, a US District Court in Colorado ruled that a Fort Collins ordinance prohibiting women from exposing their breasts in public was an unconstitutional discrimination against women. The ruling was celebrated by advocates of the 'Free the Nipple' campaign, who had long argued that barring women from showing their breasts in public perpetuates the stereotype that female breasts are primarily objects of sexual desire.
The District Judge, R. Brooke Jackson, granted a preliminary injunction on ordinance No. 134, stating that the law discriminated against women and perpetuated sexualised stereotypes of female breasts. The ordinance, passed in May 2016, banned girls and women over ten years old from exposing their nipples in public spaces, unless they were breastfeeding. Those who broke the ordinance faced fines of up to $2,650 and imprisonment for 180 days.
The ruling was not a final decision on the issue, and it only applied to a single municipal code in one district in Colorado. However, it did set a precedent for challenging similar laws across the country. While the ruling was not binding in other states, it sparked further legal challenges to laws prohibiting female toplessness. The case was also appealed to the Tenth Circuit by those who disagreed with the ruling.
The legality of gender parity and toplessness continues to vary across the US. While some states have laws explicitly prohibiting female toplessness, others have ambiguous laws, and still, others allow for some degree of 'topless freedom'. In practice, even in areas where female toplessness is technically permitted, women may still face social backlash and police intervention.
In addition to legal challenges, there have been public campaigns and acts of civil disobedience to normalise female toplessness and challenge the sexualisation of women's breasts. For example, celebrities like Chelsea Handler and Miley Cyrus have publicly criticised the double standards that women face regarding public indecency laws. Scout Willis, the daughter of actor Bruce Willis, posted shirtless photos of herself on city sidewalks to Twitter to highlight the discrepancy between what is legal in real life and on social media platforms like Instagram.
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The majority of US states have laws stating that women can't be arrested under state law solely for being topless in settings where it's okay for men
In the United States, there is no uniform rule regarding public nudity, as laws regulating nudity in public are a matter of state and local law, rather than federal law. The majority of US states have laws stating that women cannot be arrested under state law solely for being topless in settings where it is okay for men. However, many local ordinances ban the practice, and there is a lot of grey area for police officers to interpret and make arrests for "public indecency" or "disorderly conduct".
In New York City, for example, it is technically legal for women to go topless in public, but police officers have needed reminders that they cannot arrest women for doing so in locations where it would be permissible for men. Similarly, in Los Angeles, local officials in Venice Beach have expressed support for allowing women to sunbathe topless, but topless sunbathing remains illegal in the city and county of Los Angeles.
The issue of women going topless in public has been the subject of debate and activism. Celebrities like Chelsea Handler and Miley Cyrus have been public critics of what they call a double standard that women face when it comes to going shirtless. There is also a movement called "Free the Nipple" that aims to desexualize women's bodies, including their nipples. However, despite these efforts, women who go topless in public still face the risk of being stared at, harassed, or even physically harmed.
While it is legally permissible for women to go topless in some US cities, social norms and cultural attitudes continue to play a significant role in shaping how women's bodies are perceived and treated. Women's bodies have historically been subjected to different standards and expectations than men's bodies, and these traditional concepts persist in many societies. As a result, women who choose to go topless in public may face social backlash, judgment, or be made to feel insecure.
Additionally, the enforcement of laws regarding public nudity can be inconsistent and subject to individual interpretation by law enforcement officers. This can lead to confusion and uncertainty for individuals wishing to exercise their legal right to go topless. It also underscores the complexity of navigating the legal landscape surrounding public nudity, which varies across different states and municipalities in the US.
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Local ordinances may ban or allow the practice in opposition to state law, and police officers may still arrest citizens for disorderly conduct
In the United States, the public exposure of women's breasts is a highly debated topic. While some states have laws that make it clear that women cannot be arrested under state law for being topless in settings where it is acceptable for men, many local ordinances ban the practice anyway. For example, in 2015, the Municipality of Fort Collins in Colorado passed an ordinance banning females aged nine and above from exposing their breasts in public unless they were breastfeeding. This ordinance was challenged in court in 2016 by the activist group Free the Nipple, who argued that it was discriminatory against women and perpetuated stereotypes that sexualized female breasts. The group won the case, and the ordinance was ruled unconstitutional. However, this ruling is not binding in other states, and each state and locality has its own laws and ordinances regarding public nudity and toplessness.
Local ordinances may ban or allow women's toplessness in opposition to state law, creating a complex legal landscape. For instance, California is considered a topless-friendly state, but Venice Beach has sought to make it illegal for women to sunbathe topless. Similarly, New York City technically allows women to go topless, but police officers have needed reminders that they cannot arrest women for doing so in locations where it would be permissible for men. This discrepancy between state and local laws can lead to confusion and inconsistency in enforcement.
The ambiguity in laws and ordinances regarding women's toplessness provides room for police officers to interpret and enforce the laws according to their own discretion. In states or localities where toplessness is permitted, police officers may still arrest citizens for "public indecency," "lewd conduct," or "disorderly conduct." This grey area can result in arbitrary or biased enforcement, as exemplified by the case in New York City. Additionally, the interpretation of "disorderly conduct" can vary depending on the context and the officer's judgment, potentially leading to the selective enforcement of the law.
The legal status of women's toplessness in the US is complex and inconsistent, with varying degrees of freedom across different states and localities. While some states and localities have made strides toward topless equality, others continue to enforce laws and ordinances that discriminate against women. The ambiguity in the legal framework and the involvement of law enforcement officers' discretion can create uncertainty and potential injustice for individuals. It is important for individuals to be aware of the specific laws and ordinances in their areas to understand their rights and the potential consequences of their actions.
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In Canada, the law on public decency is found in Sections 173 and 174 of the Criminal Code, but what constitutes an indecent act is open to interpretation
In Canada, public decency laws are outlined in Sections 173 and 174 of the Criminal Code. Section 173(1) states that anyone who "wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person" is guilty of an offence and may be imprisoned for up to two years. The definition of "indecent act" is left open to interpretation, and it is up to law enforcement and the courts to determine what constitutes an indecent act.
The courts have provided some clarification on the matter. For example, according to case law, the presence of a surveillance camera does not meet the requirement of "in the presence of one or more persons." Additionally, the accused's belief that a person was a participant in the act, even if they were not, may serve as a defence.
Section 173(2) outlaws the exposure of one's genitals in any place for a sexual purpose to a person under the age of 16. This act can also be prosecuted as either an indictable offence or a summary offence.
Section 150 of the Criminal Code defines a "public place" as "any place to which the public have access as of right or by invitation, express or implied." The courts have grappled with differentiating between public and private spaces in the context of indecent acts. For instance, it has been ruled that a man masturbating in his lighted living room where neighbours could witness was not considered a public act.
While Canada has these laws in place, there is still room for interpretation when it comes to what constitutes an indecent act. In the United States, the situation is similar, with laws varying by state and local ordinances. Celebrities like Chelsea Handler and Miley Cyrus have criticised the double standard that women face when it comes to going shirtless. In April 2017, a US District Court in Colorado ruled that a law prohibiting women from exposing their breasts in public was unconstitutional discrimination against women. However, this ruling is not binding in other states, and there is still a grey area for law enforcement officers to make arrests for "public indecency" or "disorderly conduct."
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In Brazil, a woman who identified as 'travesti' went topless in protest, and the police did not know whether to arrest her or acknowledge her gender
In Brazil, a woman who identified as travesti went topless in protest, and the police did not know whether to arrest her or acknowledge her gender. This incident highlights the complex issues surrounding gender identity and the law.
Firstly, it is essential to understand the term "travesti." A travesti is a term used in Latin America, especially in Brazil and Argentina, to describe a feminine-aligning gender identity. Travestis exist within the larger gender spectrum, often called the feminine or female gender spectrum, encompassing womanhood and other genders in a phenomenon called pleonotic genders. Historically, travestis in Brazil have faced persecution, censorship, and violence, with repeated arrests for "cross-dressing" as early as the 18th century.
The woman in question, by going topless in public, was challenging societal norms and legal restrictions on female toplessness. While the specifics of the protest are unclear, it is likely that she was advocating for gender equality and the right to express her gender identity freely. This act of defiance carries additional weight in the context of Brazil's history of discrimination against transgender individuals, with Brazil being identified as the country with the highest number of recorded murders of transgender individuals from 2008 to 2021.
The police's dilemma in this situation stems from the legal ambiguities surrounding female toplessness and the recognition of gender identity. In Brazil, there is a lack of institutional support for the labour inclusion of the trans community, indicating a broader societal struggle for transgender rights. While there have been some advances, such as the approval of gender-affirming surgeries in 1997 and the right to change one's name and gender on birth certificates after surgery in 2009, Brazil has a history of violent repression of the LGBTQ+ community.
The police's uncertainty in this case underscores the need for clearer legislation regarding gender identity and expression. It also highlights the potential for law enforcement to uphold or challenge societal norms. In this instance, the police had to grapple with the tension between enforcing public decency laws and acknowledging the woman's gender identity.
This incident in Brazil underscores the ongoing struggle for transgender rights and the need for legal clarity and societal acceptance of gender diversity. It demonstrates how something as seemingly simple as a woman going topless in public can become a powerful statement of protest and self-expression, challenging traditional gender norms and the legal system that upholds them.
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Frequently asked questions
The laws regarding female toplessness vary across the US. While the majority of states have laws protecting women from being arrested for being topless in settings where it is acceptable for men, local ordinances may still ban the practice. Cities like Fort Collins in Colorado have passed ordinances banning women from exposing their breasts in public, but these have been challenged in court.
It is important to check the specific laws in your state and city. Some sources suggest that it is legal for women to go topless in New York City and North Carolina. Venice Beach in California has also been campaigning to legalise female toplessness. A map of topless laws in the US can be found on the website of the organisation GoTopless.
Yes, in Canada, female toplessness is allowed in Ontario, Saskatchewan, and British Columbia.
Some people argue that these laws are a form of sexual discrimination against women and perpetuate stereotypes that sexualise female breasts.
