205ARGUE

190 . See Kellam and Lovelace 606, 612-13.
191 . "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people."
192 . Mackenzie 21-24.
193 . For two excellent summaries of the arguments for topfree equality, see Craft, and Grueneich.
194 . People v. Santorelli, 80 N.Y.2d 875 (1992); Lyall B5; "Big Achievements" 5; et al. See also "Men's, Women's
Breasts Legally the Same" 3; Glazer 128; People v. David, 585 N.Y.S.2d 149 (1991); People v. Price, 33 N.Y.2d
831 (1973); Fahringer 138-40.
195 . Theoretically, in 48 states--all but Indiana and, as of 1994, Michigan--"a woman can go to the beach and
remove her blouse in the same way a man can, and not be criminally prosecuted." See Fahringer, 141-43. Twentytwo
states (Alaska, California, Colorado, Idaho, Iowa, Kansas, Kentucky, Maine, Missouri, Montana, Nebraska,
New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas,
Utah, and Wisconsin) specifically confine their statutory public exposure prohibitions solely to uncovered genitalia.
Statutes in Louisiana, Arkansas, Arizona, Delaware, Mississippi, and Wyoming prohibit exposure of the breasts only
where there is intent to arouse sexual desire, recklessness, or intent to cause affront or alarm. Statutes in Alabama,
Connecticut, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Ohio,
Pennsylvania, South Carolina, Vermont, Virginia, and Washington prohibit acts that are done with recklessness or
intent for their obscene or alarming nature, and North Carolina, Florida, and West Virginia's statutes are ambiguous
with regard to exposure of the breasts. However, legal precedent nationwide interprets such exposure laws to
exclude breasts. Until New York's law restricting exposure of the breasts was ruled unconstitutional in 1992, it and
Indiana were the only states to specifically outlaw exposure of the breasts per se. See People v. Santorelli, 80
N.Y.2d 875 (1992); State v. Jetter, 599 N.E.2d 733 (Ohio, 1991); People v. David, 585 N.Y.S.2d 149 (1991); State
v. Parenteau, 564 N.E.2d 505 (Ohio, 1990); State v. Crenshaw, 597 P.2d 13 (Hawaii, 1979); State v. Jones, 171
S.E.2d 468 (North Carolina, 1970); et al. Note that local ordinances prohibiting the exposure of breasts may
supersede state laws. Such ordinances have been upheld in federal courts. See, for example, City of Seattle v.
Buchanan (584 P.2d 918, Wash. 1978). There is also a repressive wind blowing in this nation. New laws are being
proposed all over the country, often passing quietly and without review. Michigan, for example, in 1994 passed a
bill permitting counties and localities to enact laws prohibiting mere nudity, and criminalizing the exposure of
female breasts except for breast-feeding (Percey 14). (Breast-feeding, incidentally, has enjoyed new legal support,
with progressive new laws in New York and Florida which have made it illegal to interfere with a breast-feeding
mother, even if her breast is exposed. See Shields 291; "Breast-feeding Mothers" B6.)