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Summer is the season of sweat, sunscreen and shirtless joggers. For many, seeing men and boys without shirts on city streets is considered a harmless social norm that typically isn’t afforded to women. But a recent court case helped clarify that it is legal in Minnesota for women to go topless in public. While some women may choose to do so, we are likely a long way from it being socially acceptable. So, with July being UV Safety Awareness Month, now feels like the perfect time to ask: What if we all, regardless of gender, just kept our shirts on this month in the spirit of gender equity, in addition to skin safety?
State laws have long supported women going topless in public, but when women choose to, passersby often scoff or call the police. That happened to Eloisa Plancarte, who bared her breasts in a gas station parking lot in Rochester in July 2021. Her conviction on charges of indecent exposure was recently overturned by the Minnesota Supreme Court.
In State v. Plancarte, the court found no evidence that Plancarte’s actions were lewd or sexual in nature, a requirement for a misdemeanor conviction under Minnesota Statutes section 617.23, subdivision 1(1). (The decision did not determine her arguments about whether toplessness standards violate equal protection or whether women’s breasts count as “private parts,” which is an area of the body that is unlawful to expose in public.)
Although it is technically legal for any appropriately behaving person, regardless of gender, to be topless in public areas across Minnesota, local ordinances can say otherwise. For example, historically, the Minneapolis Park and Recreation Board made it illegal under code PB2-21 for women to be topless on park property, defining it as showing a “female breast below the top of the areola with less than a fully opaque covering … .” This part of the code applied to females “10 years of age or older.”
In 1986, the Minnesota Court of Appeals decided in State v. Turner to uphold the 1983 conviction of Lee Ann Turner, who reportedly had fully exposed her breasts while sunbathing in Wirth Park. It determined that the code “does not deny equal protection.” To its credit, the court noted that Turner “is entitled to write or speak out for change,” saying that Turner “can communicate with Congress, the state legislature, or the Minneapolis Park Board and advocate repeal or modification of any law or ordinance.” It took until 2020, after arrests of many other women, before the Park and Recreation Board finally repealed that ordinance.
As we move closer toward bare-chested gender equality, we could leverage the Plancarte decision in advocacy for other women’s rights: pay parity, improved reproductive health care, better protections for gender-based violence victims and elimination of a pink tax on items marketed toward women. The case already has raised discussions for transgender rights based on if a transgender woman or man wants to shed their shirt in public.