Forum: Contest Announcements


Subject: what is considered nudity

midnight_stories opened this issue on Oct 24, 2006 · 92 posts


tainted_heart posted Sun, 29 October 2006 at 3:29 PM

Quote - Ok, if its the same thing...then ask a man and a woman to walk down the street  in the city, say...in Tenn... both with no top whatsoever on, and see who gets a ticket and jail time for indecent exposure. 😉

Actually jumpy, as a coordinator, you have a responsibility to be accurate. While that may be the case in Tennesee, there are many places in the United States, Canada, and other countries where being "top free" is not illegal. In US cities and states where women are arrested for being "top free" they are more frequently arrested for disorderly conduct or being a public nuisance as opposed to 'indencent" exposure because there is no state law or local ordinance against it. 😉

I am not arguing for or against Renderosity's policy, or the fixation for and against nudity by members. I do wish we would stop criminalizing women's breasts and teaching our children to be ashamed of their bodies.

I would like to point out the following as examples concerning women's exposed breasts and the law.

In New York City there is an old law on the books that allows a women to be "top free" in public, providing it is not being used as a business. Women's right to be topless in public was legalized in New York state in 1992. In Arizona, female breasts don't constitute "private parts" under state law according to the Arizona State Supreme Court. It is not illegal for woment to be "top free" in Hawai, Ohio, Texas, or Eugene, Oregon. It is legal for women to be "top free" in Daytona Beach, Florida if  you are engaging in a protest or demonstration. It is not illegal for women to be "top free" in South Beach or Miami Beach, Florida, or in Washington, D.C.

Thanks in part to Desiree Davis, a 34 year old woman who mowed her lawn "top free" it is not illegal for women to be top free in Newport, Maine. The law in Maine prohibits the display of genitalia or the committing of sexual acts in public. It was found that breasts are not genitalia, and lawn mowing was not a sexual act. Debra Ballou and Kathryn Mann naked joggers attending the University of Maine won a case against indecent exposure. Judge Jesse Gunther of the 3rd District Court in Bangor said that a woman naked in the street is not an indecent act under Maine law because a woman’s genitals are primarily internal.

In Liverpool, England, women can sell items and be topless...but only in tropical fish stores.

In may European countries and Australia females may go "top free" at beaches, parks and swimming pools amond other places. It is not illegal for women to be "top free" in British Columbia, Ontario, or parts of Manitoba. Theoretically it's not currently illegal anywhere in Canada since sexual equality is an amendment to the Canadian Constitution.

Ironically, a fully clothed Miss Universe 2005, Natalie Glebovawas, was briefly barred from attending the opening of a Thai festival at Nathan Phillips Square in her hometown of Toronto thanks to an almost 2 decades old ordinance that considered the pagent among "activities which degrade men or women through sexual stereotyping, or exploit the bodies of men, women, boys or girls solely for the purpose of attracting attention". To be fair, the city conceded she could attend but she couldn't wear her sash or tiara, and couldn't be referred to as either Miss Universe or a beauty queen. They were permitted to to her as "an individual of note contributing to our community." Go figure...maybe if she would have been "top free" there wouldn't have been a problem.

It's all fun and games...
Until the flying monkeys attack!!!