Could Ocean City's topless ordinance head to the Supreme Court? The latest legal battle

[Polybius]

The constitutionality of Ocean City’s law banning women — and not men — from sunbathing topless could potentially go before the U.S. Supreme Court after the attorneys representing five women in the case petitioned the nation’s highest court earlier this month.

The petitioners are asking the Supreme Court to review the Aug. 4 federal appeals court ruling, which determined that Ocean City's law is constitutional.

This petition was filed Dec. 1, and the court has until Jan. 7 to respond, according to the U.S. Supreme Court docket.

While the Supreme Court hears only a small percentage of cases petitioned, this move continues a new chapter in the ongoing debate over what is protecting “moral sensibility” or violating gender equality in Maryland’s largest beach town.

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This would be a great case for equal justice. Every beach should have the same rules for every gender. If we had the ERA, this wouldn't even be debated. Here in NYC we've had equal top-free laws since around 1993.

[Hugh_Lebowski]

1. Is there any way we can allow women to go topless, but men NOT be allowed in g-strings?

Cause that really seems the most fair to everyone IMHO.

[WA-03 Democrat]

2. Turn about is fair play :)

[Polybius]

3. I think every beach should be fully nude

Then again, I'm a lot more liberal than most.

[lame54]

4. Mandatory?

[Polybius]

6. Nah

Clothing optional.

[OriginalGeek]

7. I think so too

There is nothing inherently wrong with being naked.

[MineralMan]

5. Well, it's perfectly legal for women to go topless in New York City..

However, it's exceedingly rare to see anyone doing that. Still, separate laws for men and women in that regard are clearly wrong. However, you would probably only see topless women at beaches and the like, not on the streets, most likely. And you wouldn't see many of them at the beach either. Most women probably have no burning desire to expose their breasts in public, I'll bet. Given the nature of a majority of men, it's just not something most women would do.

[Klaralven]

8. Average human beings do not resemble Adonis and Diana. Clothes are good.

[Polybius]

10. Since 1993

I saw a topless woman that year at the beach parking lot when I was 17 and couldn't believe my virgin eyes. Since then, I've seen roughly 5 topless women on the beach. Most women want to go topless, they just don't want to be the only one doing it. Perhaps signs saying it's "Top-free" would help. Some incentive like that.

[MineralMan]

11. I doubt that most women want to go topless.

In fact, I suspect that few want to, really.

[Polybius]

13. Nudity is changing with the younger, more liberal generation

Take the nude beach for example. 20 years ago, it was mostly older folks. Now, it's filled with younger people.

[MineralMan]

15. Uh, I remember the late 60s and early 70s.

Nude beaches then were populated by mostly young people like me. People in their 20s. Of course, there weren't all that many real nude beaches then, either. Still aren't. Not enough demand for them, really.

On the other hand, I remember a pretty large gathering of 20-somethings on a remote beach in a state park in California. Lots of naked people having a good time on the beach. At least half a mile from the access point on that beach. But, then, a couple of park rangers on horseback showed up and shooed everyone off the beach. The rangers were nice enough about it, but insisted that people put someone on or leave. So, everyone put their swim suits back on and the mounted rangers left. As soon as they were out of sight, though, everyone got naked again. I mean, what were they going to do with dozens of naked people, after all. The rangers didn't come back.

Thus has it always been really. Young people like to show off their young bodies, it seems. Older folks, not so much in most cases.

[Polybius]

17. It was much different when I started going in the late 90's

The vast majority were older, and less than perfect bodies ((I'm being kind). They simply didn't care what people thought, which is a good thing.

There were a few middle aged people, but few young people like myself (well, back then I was young), and even fewer young women. This was Gunnison Beach NJ, the most popular and biggest nude beach on the East Coast, maybe even the country. On a sunny, warm day, expect 5,000+ naked bodies.

Over the years, it seems to be changing. There are still lots of older folks, but Gen Z is everywhere I see. In 2019 they banned alcohol though. I wasn't happy to say the least.

Fun fact: People here are friendlier than on textile beaches, and politics comes up a lot. The vast majority are liberal too, no Trumpers so far. I guess it's because we're more open to nudity.

[Maru Kitteh]

14. Yeah no. "Most" women do not want to go topless.

You are wishfully thinking with your unbrain.

[MineralMan]

16. LOL! Correct.

[iemanja]

9. I expect it's not legal for women to go topless on most beaches

I think this suit is dumb. We have better things to worry about.

[Johnny2X2X]

12. America...

Where guns are good and for some odd reason, nipples bad.