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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.)
196 . Legal questions about nudity are hotly debated in current politics, especially as part of the conservative agendas of groups like the so-called "Christian Coalition." Most legal challenges mistakenly seek to restrict all nudity in an attempt to censure pornography, especially topless bars. Naturist advocacy organizations, such as the Naturist Action Committee, have been working hard with limited resources to combat these legal challenges. Current updates on legal issues may be found in The Naturist Society's Nude & Natural magazine, and in the "Naturist Action Committee Newsletter." In any case, the specific details regarding legal tolerance of nudity are constantly changing. The wise naturist should check current conditions before venturing out in the buff. 197 . Mississippi University for Women v. Hogan, 458 U.S. 718, 725; People v. Santorelli, 80 N.Y.2d 875 (1992). See also Glazer 128; Fahringer 138-40. 198 . Glazer 117. See also Agate 75-76. 199 . See Baxandall, World Guide to Nude Beaches and Resorts 30; Wyner 68; Semple 11; In re Chad Merrill Smith, 497 P.2d 807 (Ca., 1972); Goodmakers v. State, 450 So.2d 888 (Fla.); Duvallon v. State, 404 So.2d 196 (1981); Felton v. City of Pensacola, 390 U.S. 340 (Fla., 1967); People v. Gilbert, 338 N.Y.S.2d 457 (1972); People v. Hardy, 357 N.Y.S.2d 970 (1974); People v. Ventrice, 408 N.Y.S.2d 990; Bruns v. Pomerleau, 319 F. Supp. 58, 67 (Md., 1970); House v. Commonwealth, 169 S.E.2d 572 (Va., 1969); United States v. Central Magazine Sales, 281 F.2d 821 (1967); et al. 200 . "Well-Defined Buttocks" 32; O'Brien, "The Florida Puzzle" 30. 201 . Baxandall, World Guide to Nude Beaches and Resorts 15-16. See also Naturist Action Committee 26. 202 . "National Park Service" 46, quoting from the April 1986 issue of the National Park Service journal Courier. 203 . Note that while the vast majority of federal areas are legally open to judicious nude use, a few have special management guidelines prohibiting nudity; and in recent years a few others have fallen under new "concurrent jurisdiction" guidelines, which require them to enforce anti-nudity state or county ordinances. 204 . "Gallup Poll" 4. 205 . Moore 10, 20-22.
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Preface 205 Arguments and Observati
Page 3 and 4:
10. The sense of "freedom" that com
Page 5 and 6: other North American tribes as also
Page 7 and 8: desire were the first and last cons
Page 9 and 10: Recent research by Sydney Ross Sing
Page 11 and 12: self-esteem, and showed increased a
Page 13 and 14: 82. By refusing to accept the need
Page 15 and 16: creatures of habit, especially in o
Page 17 and 18: As of 1983, about 2 million people
Page 19 and 20: 121. The "body language" of the nud
Page 21 and 22: Florida, for example, closed most o
Page 23 and 24: Christian historian Roy Bowen Ward
Page 25 and 26: foreign beaches while on tour overs
Page 27 and 28: In many pre-Christian pagan religio
Page 29 and 30: 192. II Samuel 6:14-23--King David
Page 31 and 32: Special thanks is due The Naturist
Page 33 and 34: "Florida Solons Exempt Nursing Moth
Page 35 and 36: Laver, James. Modesty in Dress: An
Page 37 and 38: Rudofsky, Bernard. Are Clothes Mode
Page 39 and 40: "West Germany." Clothed with the Su
Page 41 and 42: 19 . John Paul II 186, 189, 190. 20
Page 43 and 44: 40 . Flügel, Psychology of Clothes
Page 45 and 46: 66 . The exposure of breasts is ref
Page 47 and 48: 87 . For an excellent analysis of t
Page 49 and 50: 107 . Glazer 138. 108 . "Florida So
Page 51 and 52: 131 . It is interesting to note tha
Page 53 and 54: 155 . 1987 International Naturist F
Page 55: 180 . In Justice Douglas's concurri
Page 59 and 60: 216 . Ward, "Why Must Public Nudity
Page 61 and 62: 233 . B. Franklin 15:180. In his ow
Page 63 and 64: 256 . Moral codes regarding dress a
Page 65 and 66: 281 . Kass 43; Poretsky 47; Seal 87
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