US Supreme Court declines "free the nipple" case, interning New Hampshire’s breasts once and for all

US Supreme Court declines "free the nipple" case, interning New Hampshire’s breasts once and for all

The supreme court apparently doesn't care to free the nipple

VicesJanuary 15, 2020

Ginger Pierro was hanging loose, doing some topless yoga on the beach of Lake Winnipesaukee in Laconia, New Hampshire when she was arrested. Police nabbed her mid-sun-salutation and forced a shirt over her, cuffed her and drove off with her in the cruiser.  

Days later, Heidi Lilley and Kia Sinclair were likewise apprehended, while they were out toplessly protesting Pierro’s topless arrest.

These three women were just exercising what they contend is their legally protected right to go topless in public. Men do it, after all, and it isn’t a crime. And, according to the 14th amendment, laws should apply equally to everyone, regardless of race, religion or gender.

Well, clearly, the police of New Hampshire do not seem to see it that way. These three topless women were all charged with indecent exposure.

A charge, which they say amounts to constitutional discrimination. A charge they have been fighting against tooth and nail. In fact, they even went so far as to appeal the US Supreme Court.

“They were arrested and prosecuted as women for doing what any man may lawfully do,” the challengers wrote in their petition to the Supreme Court. “For being both topless and female in public, each was convicted of violating an ordinance criminalizing the public exposure of her ‘female breast.’”

Well, sadly for men and women throughout the Granite State, the high court promptly denied that appeal. The justices gave no explanation for their denial, but it seems clear that they just don’t want to talk about boobs up on Capitol Hill.

But, that shouldn’t be any reason why this issue is still up for debate. Public resources are being spent to suppress breasts, while men run around shirtless scot-free (many of whom have bigger tits than most ladies).

This is a question of equality, when it comes right down to it: Why should men be allowed to flaunt their bare chests any- and everywhere, whenever they want, while women who try and do the same are judged, arrested, fined and shamed? Where is the equality there? Are female breasts really so offensive that they need to be legally forbidden from public view?

Please. If we’re going to preach of liberty and equality for all, we need to go all in. It’s either everyone’s nipples are legal in public, or no-one’s are. And it would be ridiculous to ban all public toplessness everywhere for everyone always. Guys would have to start wearing onesies, bikini tops or pasties just to comply with the law, lest they face arrest and fines. Is that the kind of America we’ve become?

It seems to be in New Hampshire. In 2019 the top court of New Hampshire ruled in favor of convicting Pierro, Lilley and Sinclair for their heinous crimes. The ladies will each have to pay a $100 fine and agree to stop whipping out their nipples in public.

However, had this happened in Colorado, things wouldn’t have turned out that way. In January of 2019the Tenth Circuit Court of Appeals upheld a ruling that a ban on female toplessness was unfair and unconstitutional. That ruling effectively made it legal for women in all of Colorado, Utah, New Mexico, Kansas and Oklahoma to free them nipples up and let the sun shine where it normally can’t.

Sadly, for the good people of New Hampshire, progress doesn’t happen all a once.