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The long legal journey that ultimately led Fort Collins to drop an effort to ban women from exposing their breasts in public left some lingering questions in the world. Mostly, what does it mean now that the city has decided against seeking a U. Supreme Court review of a lower court's decision to strike down the city's ban?


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Editor's note: This story was updated at a. Wednesday to reflect the full amount of money the city of Fort Collins spent on the lawsuit. Language barring women and girls over age 10 from exposing their breasts in public will officially disappear from city code Sept.

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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.

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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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Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form,or otherwise, does not create an attorney-client relationship.

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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.

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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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