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The 10th U. Circuit Court's ruling in Free The Nipple v.
Fort Collins generated a lot of internet buzz when it was claimed that it automatically applied to the states the appellate court covers -- Utah, Colorado, Kansas, Oklahoma, New Mexico and Wyoming. But Peter Stirba, a civil attorney who represents a of cities across Utah, said it doesn't mean it's a free-for-all.
Because the case out of the 10th Circuit was addressing statute in Fort Collins," he said. The 10th Circuit Court sided with Brittiany Hoagland and Samantha Six, who sued Fort Collins over its ban on women going topless, alleging it violated their right to equal protection under the U. The Court narrowed its ruling to an injunction prohibiting enforcement of the ordinance.
We answer no," Judge Gregory Phillips wrote in the ruling, which was issued in February. Judge Harris Hartz dissented, saying he would have sided with Fort Collins in enforcing its ban on topless women.
But with Fort Collins recently abandoning any appeals, the ruling certainly could be used to strike down any similar laws or ordinances in Utah -- if someone were to challenge it here. Andy McCullough, a civil rights attorney in Midvale, said he has already filed a motion to dismiss a misdemeanor charge against an escort he is representing citing the 10th Circuit decision.
The escort, whom he would not name, was cited in Salt Lake City Justice Court for baring her breasts in what became an undercover police sting. McCullough believed the 10th Circuit ruling was more broadly written and could allow for women to go topless now.
He told FOX 13 he was already considering a legal challenge on some laws and ordinances that govern strip clubs. Utah's Department of Alcoholic Beverage Control was reviewing the ruling to see if it applied to laws that state liquor es cannot have full nudity or explicit sexual acts. Most strip clubs in Utah have dancers that wear pasties and g-strings. End of story," McCullough said.
Stirba said he did not anticipate any cities modifying their lewdness ordinances to address the 10th Circuit ruling, but it raised some questions for lawmakers in the case of a woman facing a lewdness in front of charge for baring breasts -- something that could get her on a sex offender registry, if convicted. However, Stirba said the issue of toplessness in public could be addressed soon by the U. Supreme Court. They are considering whether to accept a case out of New Hampshire. News Local News. Actions Facebook Tweet. By: Ben Winslow.
At least not yet.
His advice? Don't go topless quite yet. Copyright Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.Naked women Salt Lake City
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