Conference moira::naturism

67.0. "Topfree in Kittery, Maine" by MOIRA::FAIMAN (A goblet, a goblet, yea, even a hoop) Thu Jun 09 1988 10:55

    The following story is reprinted from _Bare_in_Mind_, January 1988,
    where it was reprinted from _Fosters_Daily_Democrat_ (the Dover, New
    Hampshire newspaper). I don't know the date of the original story, but
    it was presumably sometime last summer.

    Of course, anyone who is inclined to try going topfree in Kittery ought
    first to check on the status of the ordinance discussed in this
    article.

    	-Neil

    ======================================================================

		Kittery finds law doesn't cover nudity

	---------------------
	By Samuel A. Mead
	Democrat Staff Writer
	---------------------

        Kittery, Maine -- Ironically, it appears the town has been
        left uncovered in its attempts to halt topless sunbathing at
        local beaches because there is no law disallowing it,
        according to the police chief. 

        However, the result of Tuesday night's Town council meeting
        may be a stepping stone in empowering police in dealing with
        topless sunbathing. 

        The Town Council voted to draft an emergency ordinance banning
        that sunbathing practice and will take public comment on the
        measure August 6 [1987]. 

        Police Chief Ed Strong, who approached the Town Council
        Tuesday night saying that he was neither for nor against
        topless sunbathing, but was simply "relaying a concern," said
        his office had received a number of complaints. 

        Seapoint Beach and portions of Fort Foster have been the
        particular area of concern, said Strong, who brought the issue
        up at the end of the two-hour Town Council session. 

        "The topless bathing has been occurring throughout the town,"
        said Strong, this morning.  "It has been occurring every
        year." 

        Recent complaints that have been logged on the daily police
        record have come from mothers with children who had been at
        Seapoint Beach and Fort Foster, where topless women had been
        seen, he said. 

        The department originally believed it was authorized to
        enforce women wearing tops because it was considered a public
        indecency to be topless.  However, closer scrutiny of the law
        did not identify topless women as being publicly indecent, he
        said. 

        The department's usual response to complaints would be to
        request that those women put their tops back on. 

        "We can stop bottomless, but not topless, sunbathing," said
        Strong, adding, "We aren't covered for it." 

        Under Maine state law, the town police department is the
        enforcing body of the law at Seapoint and Fort Foster and have
        the power to regulate nude sunbathing. 

        "You cannot expose the genitals under Maine law," said Strong,
        this morning. 

        The Council approved a motion to have an emergency ordinance
        drawn up that would prohibit topless sunbathing on the public
        beaches, and to have the ordinance discussed at a public
        hearing August 6 at a special Town Council meeting, starting
        at 5 p.m. 

        Strong said this morning he believed it was the first time
        such a public hearing on topless sunbathing would be held. 

        Councilor Dennis Estes, the only councilor to vote against the
        motion to hold a public hearing, said he did not feel that the
        matter warranted an emergency ordinance thereby allowing the
        regular council rules to be waived. 

        Those rules state that public hearings must be advertised some
        two weeks in advance. 

        Estes also asked Strong if the complaints were all from
        mothers and not from women without children, or from men. 

        Prior to the public hearing, the town manager will review with
        the town attorney whether the matter can be considered an
        emergency. 

    A phone call to the Kittery town hall reveals that the proposed
    ordinance was not passed.  Someone at the Police Department says
    that they "haven't had any complaints this summer."
    
    But please don't take my phone calls as authoritative!
    
    	-Neil

    
    	I don't understand how the system works, I guess. A 'number' of
    complaints are received regarding topfree women on the beach. There is
    no law being broken by the women. 
    
    	Why in the world would the town law making body even consider
    changing the laws to cover this situation. This means that if a number
    of people complained about regular bikinis on the beach that a possible
    law could be written?!?!?!?!?!? ABSOLUTELY UNBELIEVABLE.
    
    I know that a citizen can propose any law, but really
    
    ed
                                                                 

	I'm afraid you might be confusing the term "politician"
	with "person of principle".

	MHO.  No flames, please.

	BTW, clever of you to play on the word "cover"!  :-)

    
    
    Re. .3
    
    I'd never confuse those two terms.  :-)
    
    
    ed