Topless Ban Discriminates Against Women

A Colorado judge says Fort Collins’ indecency code, which makes it a crime for women to show their nipples, is likely unconstitutional. U.S. District Judge R. Brooke Jackson said the ordinance is based on gender discrimination, and “perpetuates a stereotype engrained in our society that female breasts are primarily objects of sexual desire, whereas male breasts are not.” She added: “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. The irony is that by forcing women to cover up their bodies, society has made naked women’s breasts something to see.” Fort Collins’ policy would fine women older than 10 years old $250 for displaying her breast “below the top of the nipple.” The city has no cases on record of actually charging any women with the crime, however. Two women sued Fort Collins over the ban. “My clients take a position that any statute with the words ‘Women are prohibited from…’ is unconstitutional, and I agree with them,” said the plaintiff’s lawyer, David Lane. “Apparently so does a federal judge.”