Kara Sears
In 2019, a federal appeals court ruled that women in Oklahoma and five other states could go topless in public. The ruling came after two women in Fort Collins, Colorado, filed a lawsuit arguing that if men could go topless, women should be able to as well. Despite this federal ruling, Oklahoma's Attorney General Mike Hunter stated that Oklahoma's public decency and public nudity laws were still in effect and that local officers would continue to enforce the law as outlined by city ordinance and state law. This has caused confusion over whether women are allowed to go topless in the state, with some Oklahoma women choosing to go topless in public areas.
| Characteristics | Values |
|---|---|
| Ruling | A federal appeals court ruled that women in Oklahoma and five other states can be topless in public |
| Date of ruling | February 2019 |
| Location of ruling | 10th U.S. Circuit Court of Appeals |
| Previous law | Oklahoma's public decency and public nudity laws, as well as city and county rules, limited nudity and banned women from going topless in public |
| New law | It is now legal for women to go topless in public in Oklahoma |
| Enforcement | Local law enforcement officials have said they will continue to enforce local laws and public indecency ordinances |
| Punishment | Violation of the law is considered a misdemeanor crime and can result in a citation, fine, or jail time |
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What You'll Learn
Oklahoma City police enforce local laws
In 2019, a federal appeals court ruled that women in Oklahoma and five other states could go topless in public. This ruling came about after two women in Fort Collins, Colorado, filed a lawsuit arguing that if men could go topless, women should be able to as well. The 10th Circuit Court of Appeals judge agreed, stating that the ban on women appearing topless in public was unconstitutional as it violated the equal protection clause of the U.S. Constitution.
However, despite this federal court ruling, Oklahoma City police officials stated that officers would continue to enforce local laws. According to police Sgt. Megan Morgan, the appellate court's ruling was specific to Fort Collins, Colorado, and did not apply in Oklahoma. Oklahoma's public decency and public nudity laws remained in effect, as did city and county rules limiting nudity.
Oklahoma City's public indecency ordinances ban women from going topless in public. The public indecency ordinance defines nudity as "the showing of the female breasts with less than a fully opaque covering of any part of the nipple." Anyone in violation of this law could be cited and/or jailed as it is considered a misdemeanor crime.
Oklahoma Attorney General Mike Hunter also weighed in on the matter, stating that the federal ruling did not change local or state laws. State Representative Jim Olsen agreed with Hunter, stating that the Oklahoma statute still stands and that it is illegal for women to go topless in public.
As a result of this conflicting information, there was major confusion in Oklahoma regarding whether women were allowed to go topless in public. While the federal court ruling had made it legal for women to be topless, local and state laws, as enforced by the Oklahoma City police, continued to prohibit it.
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Federal court rules women can go topless
In 2019, a federal court ruled that women in Oklahoma and five other states could go topless in public. The 10th Circuit Court of Appeals struck down a ban on women appearing topless in public imposed by the city of Fort Collins, Colorado, deeming it unconstitutional as it violated the equal protection clause of the U.S. Constitution by targeting women based on gender. This federal court ruling made it legal for women to be topless in six states, including Oklahoma, Colorado, Wyoming, New Mexico, Kansas, and Utah.
Despite this federal court ruling, there was confusion and disagreement in Oklahoma regarding the enforcement of public indecency and nudity laws. Oklahoma City police officials stated that they would continue to enforce local laws and city ordinances that prohibit women from going topless in public. The Oklahoma Attorney General, Mike Hunter, supported this stance, asserting that the federal ruling did not change local or state laws. Hunter emphasized the importance of maintaining public decency and public nudity laws, which are still in effect in the state.
While some Oklahoma women celebrated the federal court ruling and exercised their right to go topless, others faced legal consequences. Oklahoma City's public indecency ordinances continued to ban women from exposing their breasts in public, considering it a misdemeanor crime. Women who chose to go topless in the state could be arrested and would need to argue the federal court ruling as their defense, with the judge having the discretion to dismiss the case or uphold the local and state laws.
The discrepancy between the federal court ruling and local/state laws in Oklahoma created a complex situation. While the federal ruling established the equality of men and women in this regard, the local and state laws in Oklahoma continued to criminalize women's toplessness. This conflict resulted in a period of uncertainty and debate, with some advocating for the alignment of local laws with the federal ruling to ensure equal rights for all citizens.
To resolve the conflict between the federal court ruling and local/state laws in Oklahoma, further legal action or legislative changes may be required. The case could potentially reach the Supreme Court, offering a definitive resolution. In the meantime, women in Oklahoma who choose to go topless in public may still face legal repercussions until a clear and unified legal stance is established across the state.
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Oklahoma Attorney General disagrees with ruling
In 2019, a federal appeals court ruled that women in Oklahoma and five other states could go topless in public. This ruling came after two women in Fort Collins, Colorado, filed a lawsuit arguing that since it was acceptable for men to go topless, it should also be acceptable for women. The 10th Circuit Court of Appeals judge ruled in their favor, stating that the ban on women appearing topless in public was unconstitutional as it violated the equal protection clause of the U.S. Constitution.
However, the Oklahoma Attorney General, Mike Hunter, disagreed with this ruling and stated that it did not change local and state laws in Oklahoma. Hunter argued that Oklahoma's public decency and public nudity laws were still in effect and that the state law permitted municipalities to regulate or ban public nudity, which includes the exposure of female breasts. He further cited several other appellate court rulings that contradicted the 10th Circuit's ruling and asserted that most courts across the country had upheld traditional public decency and public nudity laws.
Despite the federal court ruling, the City of Tulsa released a statement saying that they would continue to enforce the state law and the Tulsa police would enforce the topless ban. Oklahoma City police officials also announced that they would enforce local laws, and Oklahoma City attorney Noble McIntyre stated that women who went topless could still be arrested and would need to argue the federal ruling as their defense.
State Representative Jim Olsen supported Hunter's stance, stating that the Oklahoma statute remained in place and that it was illegal for women to go topless in public. He added that if someone wanted to challenge the law, they would have to take it to court, potentially reaching the Oklahoma Supreme Court.
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Public indecency ordinances ban women from going topless
In 2019, a federal appeals court ruled that it was legal for women to go topless in public in Oklahoma and five other states. This ruling was made by the 10th U.S. Circuit Court of Appeals, which covers Oklahoma, Colorado, Wyoming, New Mexico, Kansas, and Utah. The court struck down a ban on women appearing topless in public imposed by the city of Fort Collins, Colorado, ruling that the ban was unconstitutional because it violated the equal protection clause of the U.S. Constitution by discriminating based on gender.
However, despite this federal court ruling, Oklahoma's public indecency ordinances still ban women from going topless in public. Oklahoma Attorney General Mike Hunter has stated that the federal ruling does not change local or state laws in Oklahoma, and that the state's public decency and public nudity laws are still in effect. Oklahoma City police officials have also said that they will continue to enforce local laws and that women who go topless in Oklahoma could be arrested and charged with a misdemeanor crime.
The issue of whether women can go topless in public in Oklahoma has been a subject of debate and confusion. Some Oklahoma women have already started going topless in public areas, citing the federal court ruling. Meanwhile, others, including state representatives and police officials, have come out against the idea, calling it reprehensible and stating that it is still illegal under Oklahoma law.
The discrepancy between the federal court ruling and Oklahoma's local and state laws has led to uncertainty about whether women can be prosecuted for going topless in public in Oklahoma. While the federal ruling provides a legal defense that women could use in court, it is not clear how judges in Oklahoma would rule on the matter. As of 2019, the official position of the state and local authorities is that women going topless in public is illegal and will be enforced as such.
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Tulsa Police discuss how ruling impacts the area
In 2019, a federal appeals court ruled that women in Oklahoma and five other states could go topless in public. The ruling came after two women in Fort Collins, Colorado, filed a lawsuit arguing that since it was acceptable for men to go topless, it should also be acceptable for women. The 10th U.S. Circuit Court of Appeals upheld a lower court decision that the ordinance prohibiting women from going topless in public was unconstitutional as it violated the equal protection clause of the U.S. Constitution.
Despite this federal ruling, there was confusion in Oklahoma over whether the ruling applied to the state. Oklahoma City police officials said they would continue to enforce local laws and the city's public indecency ordinances, which ban women from going topless in public. The Oklahoma Attorney General, Mike Hunter, also stated that the federal ruling did not change local or state laws, and that Oklahoma's public decency and public nudity laws were still in effect.
Tulsa Police met with city attorneys to discuss how the ruling would impact their area. Initially, there was uncertainty, with the City of Tulsa releasing a statement saying they would continue to enforce the topless ban based on guidance from the Oklahoma Attorney General. However, it seems that the ruling does, in fact, apply to Tulsa, and women are legally allowed to go topless in public. This means that Tulsa Police will not enforce the topless ban and women will no longer be criminalized for going topless.
While this is a step forward for gender equality in Oklahoma, it is important to note that public decency and indecent exposure laws still exist in the state. These laws prevent people from exposing themselves in public in certain situations, and municipalities are permitted to regulate or ban public nudity. As such, while women in Tulsa can legally go topless, they may still face social opposition and potential legal consequences under certain public decency laws.
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Frequently asked questions
In 2019, a federal appeals court ruled that women in Oklahoma and five other states could go topless in public. However, Oklahoma City police officials said they would continue to enforce local laws and the public indecency ordinance that bans women from going topless in public.
The 10th U.S. Circuit Court of Appeals struck down a ban on women appearing topless in public imposed by the city of Fort Collins, Colorado. The court ruled that the ban was unconstitutional as it violated the equal protection clause of the U.S. Constitution by targeting a specific gender.
Oklahoma Attorney General Mike Hunter said that the federal ruling did not change local or state laws and that public decency and public nudity laws were still in effect. Oklahoma City police Sgt. Megan Morgan also stated that city police would continue to enforce public indecency laws.
According to police officials, someone in violation of the public indecency ordinance in Oklahoma City could be cited and/or jailed as it is considered a misdemeanor crime.
