No nudity on popular beach States,
The Town Council clearly prohibited women from going topless on the beach during an emergency session Saturday.
The newly refined ordinance states “there is no constitutional right for an individual to appear in public nude or in a state of nudity.”
The ordinance further states that, “Whatever personal right one has to be nude or in a state of nudity, that right becomes subject to government interest and regulation when one seeks to exercise it in public.”
Unanimously passed by the council, the new ordinance took effect immediately, clarifying that anyone showing “the female breast with less than a fully opaque covering,” would be violating the law — and subject to a fine of up to $1,000.
Mayor Richard Meehan said the emergency ordinance was a response to “hundreds of calls and emails from residents and visitors, expressing their concerns over this issue.”
The town points to misinformation in some media reports and social media postings that recently went viral.
“Each year, thousands of families visit our beach to relax in an atmosphere free of this type of activity. We respect their rights,” he said.
“We will not allow women to be topless on our beach or on any public property within the city limits. We have never been a topless beach and we will not become a topless beach.”
A town spokesperson explained that the ordinance would have no bearing on breastfeeding.
The question began last summer when the beach patrol was contacted by an Eastern Shore resident, Chelsea Covington, who believed it was her legal right to bare her chest on the Ocean City beach.
Covington is an advocate for “top freedom,” the belief that women should be able to go topless in public, as do men.
The issue over toplessness was previously sent to Worcester County State’s Attorney Beau Oglesby, who then sent a request for an opinion from the Maryland Attorney General.
However, the attorney general’s opinion would be overruled by this ordinance should the two contradict one another, the mayor said.
“Ocean City seems to feel that the Constitution does not apply to them, but a high court will decide,” Covington said.