Topfreedom: Difference between revisions

Topfreedom is a cultural and political movement seeking to advance gender equality by the recognition of the right of women and girls to be topless in public on the same basis that men and boys are permitted to be barechested. In addition, topfreedom advocates seek recognition of the right of nursing mothers to openly breastfeed in public, and of women to sun bathe topless. In North America, the Topfree Equal Rights Association assists women who have been charged for being topless, while GoTopless organizes demonstrations to protest against the legal and public attitude to the inequality. In Sweden, Bara Bröst is active in advancing topfreedom, as is Topless Front in Denmark.

Many societies consider women who expose their nipples and areolae as immodest and contrary to social norms. In many jurisdictions a topless woman may be socially or officially harassed or cited for public lewdness, indecent exposure, public indecency or disorderly conduct.^[1] Besides the objective of gender equality, topfreedom advocates seek to change community attitudes to breasts as sex objects or indecent. Several countries in Europe have decriminalised non-sexual toplessness.

Topless swimming and sunbathing on beaches has become acceptable in many parts of Europe, though the practice remains controversial in many places, and not common in most places. Many public swimming pools in Europe are owned by municipalities, which are treated as private organisations and allowed to set their dress codes.

In many countries around the world, breastfeeding in public is not unusual. During 2006–2010 and earlier, a number of news reports in the United States cited incidents where women were refused service or harassed for breastfeeding in public. In response, a majority of U.S. states have passed laws explicitly permitting nursing in public.^[2][3][4] The United States federal government enacted a law in 1999^[5] which specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location." However, these laws generally do not apply to rules imposed by private organizations or on private property, such as restaurants, airlines, or shopping malls.

In 1986, seven women who picnicked topless were charged in Rochester, New York with baring "that portion of the breast which is below the top of the areola". That law had originally been enacted to discourage 'topless' waitresses.^[6] The women were initially convicted, but on appeal two of the women's charges were reversed by the New York State Court of Appeals.^[7] In December 2007, 50 residents of Pittsfield, Massachusetts petitioned the City Council requesting a segregated beach for topless sunbathing by both men and women. The petition was rejected by the council, with the Mayor calling it "unacceptable and unnecessary". Proponents of topless sunbathing vowed to continue their fight.^{[8][9][10][11]} In 2010, 200 residents of Pittsfield placed a question on the ballot asking whether State laws should be clarified to allow topless sunbathing equally for both men and women.^[12]

The topfreedom movement has claimed success in a few instances in persuading federal courts in the United States to overturn some state laws on the basis of sex discrimination, arguing that a woman should be free to expose her chest in any context in which a man can expose his. Successful cases include the District of Columbia 1986; New York State (People v. Ramona Santorelli and Mary Lou Schloss)^[13] 1992; Columbus, OH 1995; Moscow, Idaho 1998, Maine 1998, and Texas.^[14][15][16] However, women in Texas appearing topless in public can be charged under public nuisance laws,^[17] with the exception of Austin, the state capital, where some women sunbathe topless in Zilker Park, at various festivals, and at Hippie Hollow. Although explicitly illegal in Florida, topless bathing is tolerated on South Beach, along with a number of hotel pools in Miami Beach.^[18] In Las Vegas, a number of hotels feature "European" pools that permit female toplessness.^[19]

In 2007, a Florida court acquitted a woman of indecent exposure for being topless on Daytona Beach because of the political nature of her stand, under the First Amendment right of free speech.^[20]

In 1991 toplessness as an indecent act was challenged by Gwen Jacob in Guelph, Ontario, who removed her shirt and was charged with indecency. Part of her defense was the double standards between men and women. Although she was convicted, this was overturned by the Court of Appeal.^[21] This case determined that being topless is not indecent under the meaning of the Criminal Code. However it did not establish any constitutional right of equality. This case subsequently led to the acquittal of women in British Columbia and Saskatchewan who faced similar charges. Although each province and territory technically reserves its right to interpret the law as it pleases, the Ontario case has proven influential. Since the matter has not been determined by the Supreme Court of Canada, it is still possible that a woman could be convicted elsewhere in Canada, but interpretation of moral law in Canada has become increasingly liberalised.^[22] There do not appear to have been any further women charged in Canada since these cases were determined.

The Topfree Equal Rights Association (TERA) assists women in both Canada and the United States who are prosecuted for being topless in situations whereas men are not.^[23] It does not advocate toplessness, but promotes the concept of freedom of choice of the individual woman, and the de-sexualisation of breasts.^[24]

TERA claims several successes in persuading courts in North America to overturn prosecutions on the basis of sex discrimination, arguing that a woman should be free to expose her chest in any context in which a man can expose his. Successful cases include the District of Columbia in 1986, New York State in 1992, Columbus, Ohio in 1995, Ontario, Canada in 1996, Moscow, Idaho in 1998, and Maine in 1998.^[14]

GoTopless Inc. was formed in 2007 in the United States, and claims that women have a constitutional right in the United States to be bare chested in public places on the same basis as men. Unlike TERA, which does not organise demonstrations, GoTopless organises protests in favor of recognition of women's top-freedom rights.^[7] The organization is sponsored by the Raëlian Church.^[25]

GoTopless sponsors an annual "Go Topless Day" protest (also known as "National GoTopless Day", "International Go-Topless Day", etc.) in advocacy for women's right to go topless on gender equality grounds. GoTopless has organized Go Topless Day to occur on August 23, 2008,^[26] August 23, 2009,^[27] August 22, 2010, and August 21, 2011, and plans August 26, 2012 to coincide with Women's Equality Day.

In Toronto in 2011, a Go Topless Day rally was refused a permit to meet in a park, so they marched down the streets, with a police escort.^[28] GoTopless also organized a topless march in Paris, France on 27 Augut 2011, but 6 of the proposed marchers were arrested.^[29]

In Sweden, toplessness is not illegal. However, private or public establishments are permitted to establish dress codes which may require women to wear tops, and deny access or remove individuals who breach these standards. In September 2007, "Bara Bröst" (a pun meaning both "Just Breasts" and "Bare Breasts") appeared to promote topless equality in these semi-public facilities. The group staged several events in public swim baths in September and October 2007, starting in Uppsala from which they were evicted several times, before succeeding in Sundsvall.^[30][31]

The group scored a victory in June 2009 when the Malmö city's sports and recreation committee approved new rules that, while requiring everybody to wear bathing suits at indoor public swimming pools, did not require women to cover their breasts.^[32][33] "We don't define what bathing suits men should wear so it doesn't make much sense to do it for women. And besides, it's not unusual for men to have large breasts that resemble women's breasts", said a council spokesman.^[34]

In December 2007, a group of women and men calling themselves Topless Front swam topless in public swim baths to promote topless equality.^[35] In March 2008, after a year-long campaign by the group, Copenhagen's Culture and Leisure Committee voted to allow topless bathing in its swimming pools.^[36]

In Poland in 2008, two women, including topless model Dorota Krzysztofek, were reprimanded by city guards and fined for sunbathing topless. The women refused to pay the fine and decided to go to the court, which canceled the fine. Later both guards said that "the whole of Poland was laughing at them".^[37][38][39]

In France, the feminist collective Les TumulTueuses organized a topfree protest in Paris in May 2009. The objective of the demonstration is indicated by their slogan: "My body if I want, when I want, like it is".^[40][41]

• Judy E. Williams: NAC board member, chief advisor of TERA, chair of Wreck Beach Preservation Society (WBPS) in Vancouver, BC
• Gwen Jacob: test case for equal rights who won in Ontario, Canada.^[21]
• Linda Meyer: test case for topless rights for British Columbia. On June 8, 2000, she won in court against Maple Ridge, British Columbia. She had been arrested at the District of Maple Ridge's indoor public swimming pool. That was after she had provoked arrests for many years, and had gone to jail, in order to win in court and thereby stop official harassment for her public activities.
• Paul Rapoport: activist, writer, editor of Going Natural, a publication of FCN.
• Sue Richards: Publisher of the breast health calendar Breast of Canada.
• Morley Schloss: NAC board member, activist.
• Nikki Craft: feminist, past topless-rights activist
• Sherry Glaser: American actress, performance artist, and political activist; member of Breasts Not Bombs.

• Clothes free organizations
• Public nudity
• Toplessness