The city of Fort Collins, Colorado, enacted a public-nudity ordinance that imposed no restrictions on male toplessness but prohibited women from baring their breasts below the areola. In response, Free the Nipple, an unincorporated association, and two individuals, Brittiany Hoagland and Samantha Six collectively, Plaintiffssued the City in federal district court, alleging among other things the ordinance violated the Equal Protection Clause, U. XIV, sec. The district court agreed and ened the City, pending the resolution of the case s merits, from implementing the ordinance to the extent that it prohibits women, but not men, from knowingly exposing their breasts in public.
The City then brought this interlocutory appeal to challenge the injunction. The narrow issue presented for the Tenth Circuit's review asked whether the district court reversibly erred in issuing the preliminary injunction. The Court found the trial court did not, affirmed the district court's judgment and remanded the case for further proceedings.
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Free the Nipple v. City of Fort Collins, No. Justia Opinion Summary The city of Fort Collins, Colorado, enacted a public-nudity ordinance that imposed no restrictions on male toplessness but prohibited women from baring their breasts below the areola. Opinion Annotation.
Download PDF. Primary Holding The district court did not err in issuing a preliminary injunction halting a municipal public nudity ordinance. Justia Legal Resources.
What if i, or my children, unwittingly witness bared breasts?
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