Which states in USA allow women to be topless in Public?

pass297Original Poster

Oct 5, 2010

Does anybody have a list? I do know some do....

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TH
Thomas
Oct 5, 2010
Women can be topless in Texas any place men can.
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ME
Member
Oct 6, 2010
Women can go topless in NY state anywhere a male is allowed to.
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OA
oasiscple
Oct 6, 2010
All of Ontario Canada plus we have legal nude beach in Toronto
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MR
mrsun57
Oct 6, 2010
Florida is considering it. NY is written on the books, it is allowed.http://gotopless.org/
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ME
Member
Oct 6, 2010
[quote]Women can be topless in Texas any place men can.[/quote] The following statement appears in the Texas State Park regulations (Title 31, Section 59.134(n) of the Texas Administrative Code): "Public Nudity. It is an offense for any person to disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby." http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=59&rl=134 I suspect this regulation would be found unconstitutional if it were ever challenged in court, since it would appear to be in violation of the Texas Equal Rights Amendment.
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CD
Cheri Donna Dawson
Oct 6, 2010
[quote]Women can be topless in Texas any place men can.[/quote] Not all of TX - I believe it to be true of the county that Austin is in.
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BB
Bill Bowser
Oct 6, 2010
It is legal for women to be topless in public in Ohio.
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PA
pass297Original Poster
Oct 6, 2010
So we have OH, NY Oregon, Some parts of Texas, what else? Oh Ontario too, though not in USA..
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RE
RedGater
Oct 6, 2010
Also not in the USA, but you included Ontario Canada already.... It is "legal" for both genders to be topless anywhere in British Columbia. However, if someone makes a complaint, topless women are required to cover up. I have witnessed on more than one occasion where a topless woman was asked by police to cover up because someone at the beach/park was offended. The police were involved because the complainant didn't have the guts to go and ask the topless lady to cover up. Instead, the police were called. End result, no ticket or fine was assesed... but much wasting of taxpayer's money occured. Not sure what happens exactly if a lady refuses to cover up after the police are involved.
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ME
Member
Oct 6, 2010
refer to any equal rights amendments if Canada has any. Discrimination in the US is illegal, and to discriminate against a woman not being able to go topless anywhere that you would expect a male to be topless would be in violation of any equal rights statutes.

NOTE: IT IS NOT ON THE BOOKS IN NYS that says women can be topless legally, but rather the state supreme court expressed that because of the equal rights statutes, that enforcing laws prohibiting women to go nude, would be a costly mistake due to civil rights lawsuits....
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CD
Cheri Donna Dawson
Oct 7, 2010
OHIO - from NAC's website - states breasts are not allowed to be shown - read # 3 below
"Rule 52"
OHIO ADMINISTRATIVE CODE
Section 4301:1-1-52 Entertainment - prohibition against improper conduct.
(A) Definitions as used in this rule:
(1) "Lewd activities" are those activities (including those which are electronically reproduced) that contain lustful, lascivious or lecherous behavior and includes, but is not limited to acts of, or acts that simulate, sexual intercourse, masturbation, sodomy, bestiality, or oral copulation.
(2) "Disorderly activities" are those that harass, threaten or physically harm another person including threats or other menacing behavior, fighting, assaults and brawls.
(3) "Nudity" is the showing (including electronically showing) of the human male or female genitals, pubic area or buttocks (or anus) with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple and/or areola, or the showing of the covered male genitals in a discernibly turgid state
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MR
mrsun57
Oct 7, 2010
As I posted go to:http://gotopless.org/and it gives the break down for US and Canada. Join the rights for all.
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GE
George_in_WV
Oct 7, 2010
New York State, but even though the law against women being top free was overturned by the appellate court it is still on the books and a few years ago some friends of mine went to a store (men and women) without shirts on. The women were arrested (not by the local police that first responded to the call, but the county sheriff who decided to run them in.) Eventually the charges were dropped but they did they really had a hard time and paid for legal representation.
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PA
pass297Original Poster
Oct 7, 2010
I anot sure why , but every once in a while topless dancers from columbus will parade topless in downtown to show that it is permitted. hence the question...
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TH
Thomas
Oct 8, 2010
[quote]I anot sure why , but every once in a while topless dancers from columbus will parade topless in downtown to show that it is permitted. hence the question...[/quote] That brings up a different question to me. Are they doing it to show it is permitted or to drum up business. LOL
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CO
Curt, or Cowboy
Oct 8, 2010
[quote]I anot sure why , but every once in a while topless dancers from columbus will parade topless in downtown to show that it is permitted. hence the question...[/quote] There *may* be some ordinance in Columbus that superceeds state law, or there may be a "policy" to not prosecute, or to not arrest, or.... Remember, it's the prosecutor, ( the DA in some jurisdictions ) to find SOME law under which one can be found guilty of something. Then there are tecnicalities for "sex establishments" that are separate, such as the under 21 stuff. We have so many "laws" that are diametrically opposed, it's nearly impossible to walk down the street without violating something. [quote]That brings up a different question to me. Are they doing it to show it is permitted or to drum up business. LOL[/quote] Under some new "law" sponsored by some ultra-right fanatic from Cincinatti, I had a friend, a stripper, who moved out of state so she could work. A VERY sharp Hungarian girl, with an awful lot on the ball. Under that new "law" there can be no alcohol if there is nudity, and vice-versa, making it technically illegal to have a beer at a resort, or for anyone at a nudist resort to be nude if someone ( anyone ) has beer. Under the law, a nudist resort is a "sex establishment" as rediculous as *we* know that is ! If we *really* want to know, it could be a very expensive consult with a good lawyer, but the way *I* read the "law" ( and I am not a lawyer ) I could argue that it'e technically illegal to be "nude" including topless, or for a man even dressed if in a turgid state, anywhere outside your own home, and it's questionable IN your own homw if a door to door salesman happens to show up, causing an "affront" with someone unexpected. SERIOUS woe if that door to door happens to be an 11 year old Girl Scout selling cookies ! It's funny, sad, rediculous, and obscene to actually read "The Law" as written. One man's opinion. ( a non-attorney spokesman. consult your own attorney before taking any action, having any opinion, thinking, or going to the bathroom. your mileage may vary. results not typical. see your doctor to find out if you're physically capable of engaging in nudity, as nudity may cause heart attack, stroke, the common cold, sunburn, or death. )
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JA
jason
Oct 8, 2010
cincinnati seems to be the prude center for the state. larry flynt's legal battles started there, they have some higher than thou group that opposes anything to do with the nude body, either in person or via art. a couple of years back this group was pushing some anti nudity issue to be on the ballot, they failed to do so partly because many of their petition signers were not registered voters these are people who have an agenda similar to the pmrc. they find it offensive so it should be offensive for everybody. these people lack the understanding of how a radio or television worksnor do they grasp the concept of avoiding an art museum or strip club.
most rational people change the channel if they don't like what is on the radio or television. the same rational people also just choose to not go to an art museum if the show on display isn't to their liking.
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BB
Bill Bowser
Oct 8, 2010
The Ohio revised code does not seem include a definition of "private parts" which I believe generally do not include breasts. And in order for the statute to apply the action must be reckless and likely to affront others. I can't see how this would apply to the average woman being topless in a public place such as a park.
Several years ago there was a woman in the Columbus area who frequently was arrested mowing her lawn while topless. It is my understanding that her case was litigated and resulted in an interpretation of Ohio law which made it legal for women to be topless in Ohio. When I find the details I'll post them.
Bill
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CO
Curt, or Cowboy
Oct 8, 2010
[quote]The Ohio revised code does not seem include a definition of "private parts" which I believe generally do not include breasts. [/quote] I'll admit I don't know for sure, but I suspect it would be interpreted to mean anything within the same legal definition of nude. Not something I'd care to be the test case ! [quote]And in order for the statute to apply the action must be reckless and likely to affront others. I can't see how this would apply to the average woman being topless in a public place such as a park.[/quote] Playing Devil's advocate... I can see how it's the very definition of reckless, knowingly and deliberately likely to cause an affront ! A private park, I'd tend to agree with you, but even then it seems questionable. That *may* be one way the nudist resorts exist, as a non-public private park. After all, there *is* a check-in gate, so it's not "public" as I see it. [quote]Several years ago there was a woman in the Columbus area who frequently was arrested mowing her lawn while topless. It is my understanding that her case was litigated and resulted in an interpretation of Ohio law which made it legal for women to be topless in Ohio. When I find the details I'll post them.[/quote] Now THAT would be valuable information ! Regardless of how you or I might interpret anything in the law, judges seem bound to duplicate precident, so if there *is* precident, although not making it legal, it can become a positive defense !
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BB
Bill Bowser
Oct 8, 2010
The case I mentioned occurred while I was working in Columbus, which would have been between 1996 and 2003. The woman lived in one of the northern suburbs of Columbus I believe. The story was covered in the Columbus Dispatch and the local radio and TV stations at the time. I'm unable to find any reference to it on the Internet. I suspect more information can be found in the Columbus Dispatch archives, but I can't access them.
Bill
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JA
jason
Oct 9, 2010
women can go topless in ohio as long as they are doing something to call attention to themselves or cause a big commotion. a lady going topless on a beach is ok, a lady standing on the corner of lane and high st. topless waving to people not ok.
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CO
Curt, or Cowboy
Oct 9, 2010
Based on the original question, suffice to say that Ohio is questionable at best.
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PA
pass297Original Poster
Oct 11, 2010
OH does allow topless women because the Supreme court ruled that breasts are not considered genitalia...http://www.gotopless.org/news.php?item.25.1
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OR
Oregongirl
Oct 14, 2010
I would like to point out that the state of Oregon as a whole has no specific laws about nudity. The law does not say that you CAN be nude but it also does not say that you CANNOT. People like to think that just because the law doesn't say that you can't it means that you can, and this is definitely not always the case.The written law itself.It's a very touch-and-go thing and if you do some research and read deeper into it you will find that no you can't just walk downtown nude or go shopping nude or even sunbathe nude in your front yard. For instance, you cannot be nude in view of a highway in Oregon. I believe because it is considered to be distracting. Also, you must have the permission of EVERYONE that is around you in order to be nude in any public place in Oregon. This means that while you can go skinny dipping at the beach (as long as it isn't viewable by any highway) you have to ask every person (adult) that was present at the beach before you got there if they mind if you are nude. If even ONE person says no, then your nudity becomes unlawful and you can be arrested for it. However, if you are the first person to arrive at the beach you may swim nude without the consent of others, and whomever shows up after you has the choice of staying or leaving. There are also many major cities in Oregon which have banned public nudity (Unless it is in form of protest). This means you cannot be nude anywhere in these cities (even on beaches and campgrounds). The cities that I know of personally are Ashland, Portland, Eugene, and Happy Valley. Although I am sure there may well be others. So if you plan to come to Oregon to enjoy a life of "nude freedom" think again. It's not clear-cut by any means, and even if you happen to be on a beach, with no highway views, by yourself and decide to swim nude, the police can and WILL most likely come to question you. It's really more hassle than it's worth to try and find out every city code every county law. You're better off going to a designated nudist resort/function. There are many in Oregon and usually no matter where you are there will be one within 40 miles. =)
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