Just in time for summer
Pharyngula 2025-05-06
It is now legal to go topless in public in Minnesota.
The Minnesota Supreme Court issued an opinion last week that holds that women can go topfree without violating the Minnesota indecent exposure statute as long as they don’t engage in sexual conduct.
In short, the Court unanimously held that a woman who is topfree is not acting lewdly merely by appearing in public with her torso unclothed. Since the indecent exposure statute only criminalizes lewd behavior, a woman with an unclothed torso is not commiting a criminal act unless she is also engaging in sexual behavior. In other words, a woman merely going topless is neither lewd nor sexual and it’s perfectly legal.
It’s only useful about 3 months out of the year, and in those 3 months you’ve got to worry about mosquitos.
The best thing about this decision is that it removes a pretext cops used to search and arrest people.
The facts in this case are short and undisputed: On July 28, 2021, the Rochester Police Department received a report that a woman was walking around a gas station parking lot with her breasts exposed. An officer responded to the call and saw Plancarte in the parking lot with her breasts exposed. The officer recognized Plancarte from two encounters earlier that week. During those encounters, the officer saw Plancarte exposing her underwear on one occasion, and her breasts and her underwear on another occasion. The officer stopped Plancarte and asked her why she kept exposing herself. Plancarte replied, “I think Catholic girls do it all the time.” Plancarte then worried about how she would get home and stated, “I dance at the biker club. I’m a stripper.” The officer said, “Well, you can’t strip in the middle of public.” Plancarte responded, “Yeah, but they should account for me at the club, shouldn’t they?” The officer arrested Plancarte and later searched her purse, where the officer found a vial containing cocaine.
Yeah, this is an anti-cop decision. I approve.