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Did You Know Fort Collins Public Indecency Law is Sexist?

Current Fort Collins


Law:
Sec. 17-142. Public
indecency: "No person
shall knowingly appear in
any public place in a nude
state or state of undress
such that the genitals or
buttocks of either sex or
the breast or breasts of a
female are exposed."

Why "or the breast or


breasts of a female are
exposed" should be
omitted:
1. Its unconstitutional.
Colorado Constitution
Article II, Sec 29:
Equality of the sexes.
Equality of rights under the
law shall not be denied or
abridged by the state of
Colorado or any of its
political subdivisions on
account of sex.
2. Language deferring to
"breast" is outdated.
Cleavage, swimsuits and
sleeveless shirts all
technically show the
breast.
3. The law has the
potential to criminalize the
LGBT+ community and
people with medical
conditions such as
gynecomastia.
4. Colorado as a state,
Denver, Boulder and Idaho

Springs are some local


examples that do not
criminalize the female
breast. *This list is not
exhaustive
Why does this matter?
Public Indecency Can Be a
Sex Offense "(CRS 18-7301) could be a serious
charge and lead to a sex
crime conviction. A crime
that is considered a sex
offense in Colorado would
require the person
convicted to register as a
sex offender and obey
harsh sex offender
treatment rules set by the
Sex Offender Management
Board (SOMB)."

Common counter
arguments:
1. Religious, morals
reasons- What is indecent
to one is not indecent to
others and thereby should
not be in law. One's
religion should not oppress
others. This is a civil rights
issue.
2. Increased rape- Rape
predates clothing options
and historical indecent
areas like knees, elbows,
miniskirts, head coverings
and ankles. Criminalizing

female anatomy, but not


male anatomy encourages
a sexist power hierarchy
which contributes to rape
culture.

3. General disgust- It is
illegal for women to go
topless in most cities, yet
you can buy a magazine of
a woman without her top
on at any 7-11 store. So,
you can sell breasts, but
you cannot wear breasts, in
America. -Violet Rose
4. Concerns for childrenTeaching children that the
breast is not sexual,
women should have
freedom and autonomy
over their bodies as men
do and being exposed to
such can prevent children
from developing harmful,
sexist conclusions about
the human body.
What you can do:
1. Email our Fort Collins
Leaders and tell them you
want gender equality for
the people of Fort Collins!
(CityLeaders@fcgov.com)
2. Join the GO TOPLESS
Fort Collins 2015 protest
on 8/23. More details are
available on the Facebook
event page.

It is illegal for women to go topless in most cities, yet you can buy a magazine
of a woman without her top on at any 7-11 store. So, you can sell breasts, but
you cannot wear breasts, in America. -Violet Rose

Did You Know Fort Collins Public Indecency Law is Sexist?


Current Boulder Law: 56-13. - Public Nudity
Prohibited.
No person who is ten years
of age or older shall
intentionally expose any
portion of his or her anus,
vulva, penis, or scrotum
while that person is located:
(1)In a public right of way,
in a park or recreation
center, in a public building,
in a public square, or while
located in any other public
space or mall; or
(2)On private property if the
person is in a place that can
be viewed from the ground
level by another who is
located on public property
and who does not take
extraordinary steps, such as
climbing a ladder or peering
over a screening fence, in
order to achieve a point of
vantage.
(b)This prohibition does not
extend to:
(1)People who are
undergoing bona fide
emergency medical
examinations or treatment;
or
(2)People located in
dressing rooms, shower
rooms, bathrooms, or in
other enclosed areas
specifically designated for
changing clothes or in
which nudity is explicitly
permitted.
Ordinance Nos. 7711
(2010); 7831 (2012); 7965
(2014)

Current Colorado State


Law: C.R.S. 18-7-301
(1) Any person who
performs any of the
following in a public place
or where the conduct may
reasonably be expected to
be viewed by members of
the public commits public
indecency:
(a) An act of sexual
intercourse; or
(b) Deleted
(c) A lewd exposure of an
intimate part as defined by
section 18-3-401 (2) of the
body, not including the
genitals, done with intent to
arouse or to satisfy the
sexual desire of any person;
or
(d) A lewd fondling or
caress of the body of
another person; or
(e) A knowing exposure of
the person's genitals to the
view of a person under
circumstances in which such
conduct is likely to cause
affront or alarm to the other
person.
(2) (a) Except as otherwise
provided in paragraph (b) of
this subsection (2), public
indecency is a class 1 petty
offense.
(b) Public indecency as
described in paragraph (e)
of subsection (1) of this
section is a class 1
misdemeanor if the
violation is committed
subsequent to a conviction
for a violation of paragraph
(e) of subsection (1) of this
section or for a violation of
a comparable offense in any
other state or in the United

States, or for a violation of a


comparable municipal
ordinance.
(3) Deleted
CRS 18-13-401(2)
"Intimate parts" means the
external genitalia or the
perineum or the anus or the
buttocks or the pubes or the
breast of any person.
Current Denver Law: Sec.
38-157. Public indecency.
(a)It shall be unlawful for
any person to perform an act
of public indecency.
(b)Any person commits
public indecency who
performs any of the
following in a public place
or where the conduct may
reasonably be expected to
be viewed by members of
the public:
(1)An act of sexual
intercourse;
(2)An act of deviate sexual
intercourse;
(3)Insertion of one (1) or
more fingers or other object
into the vagina or anus;
(4)Masturbation;
(5)Caressing or fondling of
the genitals of another
person;
(6)Patently offensive
representations or imitations
of sexual intercourse,
masturbation or excretory
functions accompanied by
exhibition of the genitals;
(7)Lewd fondling or
caressing of the body of
another person.
(Code 1950, 802.11)
State Law reference
Public indecency, C.R.S.
1973, 18-7-301

It is illegal for women to go topless in most cities, yet you can buy a magazine
of a woman without her top on at any 7-11 store. So, you can sell breasts, but
you cannot wear breasts, in America. -Violet Rose

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