Fort Collins' topless ban unconstitutional, appeals court rules

Women can't be banned from going topless, according to a Friday ruling by the federal 10th Circuit Court of Appeals.

The appeals court judges ruled 2-1 in favor of Free the Nipple activists who sued the city of Fort Collins over its ban on females appearing topless in public. The court ruled that ordinances that target a group based on gender — such as banning women specifically from going topless, while allowing men to do so — is a violation of the equal protections clause of the U.S. Constitution, attorney Andy McNulty said.

Judges Gregory Phillips and Mary Beck Briscoe ruled in favor of Free the Nipple, with Judge Harris Hartz dissenting. It has been more than a year since the judges heard arguments in the case.

"I think this is a pretty historic moment in the women's rights movement," McNulty said in an interview. "Since the beginning of the 20th century, court decisions have slowly but surely chipped away at the idea that women should be stereotyped by their sex and gender. This is the next step to make sure we don't stereotype women and women have equal rights in this country."

Read more: https://www.coloradoan.com/story/news/2019/02/15/fort-collins-free-nipple-activists-win-appeals-court-ruling-topless-ban/2882337002/