Can I go topless?

Breeze, that is a very funny and practical question!  I wonder what the law says, and how it would be interpreted.  Maybe there is someone on these boards who is or has been brave enough to try it!

I am thinking of all those very hot summer days when guys work outside in the yard or garden, mowing the lawn, etc., and women have to cover up to be legal.  Oh, and then there's the beach, and the swimming pool, etc., where guys would never even think of wearing a top (at least since the 1920's anyway).  What if a woman has nothing left to cover up??? 

otter 

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LOL!!!

I never had the nerve to go topless before my bilateral mastectomies.  However, I now find I have a complete lack of embarrassment over exposing my chest as there is nothing there to expose.

I haven't gone topless outside yet as I do worry about sun exposure.  However, someday when I am in a situation where men are ogling the women sunbathing topless, I plan to pull off my shirt with great bravado and look the a#*holes straight in the eyes and dare them to make a comment or complaint.

Hey Otter - maybe we can get someone to design an off-the-shoulder bathing suit for those of us with one boob left?  It would make quite the fashion statement, wouldn't it!

I have a friend who was at the beach in NC. She was topless (bi lat mast) an the life guard called the police on her cause he said it was indicent exporsure well when the police arrived he went up to her gave her a huge hug an said that he is honored to be in her presence. His wife fought bc at stage 4 for about 20 yrs she was dx at age 20! So he didnt think it was a problem an the other people on the beach said how proud they was of her! So I dunno if its legal but she didnt get in any trouble that day!

Just wanted to add that here in NYS it is legal for woman to go topless......even if they still have their breasts. It goes back to a case from my good old hometown of Rochester from 1992.

I found this little artical online just to help answer the question:

Is it true that it's legal for women to go topless in New York? I heard there was a legal battle a long time ago, and the courts decided that if men could be topless, when could be too. If so, where are all the topless women?

ANSWER PERSON RESPONDS: They legally can, if they avoid lewd behavior and it's not for commercial purposes. (The intent might be a little fuzzy in many cases.) I suspect that most women are uncomfortable going topless in public, hence the reason you don't see many.

This goes back to a New York Court of Appeals opinion of July 7, 1992:

80 N.Y.2d 875 or 600 N.E.2d 232

The PEOPLE of the State of New York, Respondent, v. Ramona SANTORELLI and Mary Lou Schloss, Appellants, et al., Defendants.

The majority opinion and concurrence can be found at Cornell's FindLaw site:
http://www.law.cornell.edu/nyctap/I92_0160.htm

A summary from the Rochester Democrat & Chronicle on March 22, 2006:

"In June 1986, seven women at Cobbs Hill Park [in Rochester] removed their shirts to protest a state law prohibiting public breast-baring. They were arrested for indecent exposure. City Court Judge Herman J. Walz dismissed the charges six months later, ruling that the protesters were exercising their right to freedom of speech. But he didn't concede their main argument - that the breast-baring law was unconstitutional.

"Topfree 7 leaders Mary Lou Schloss and Ramona Santorelli waged a six-year court battle that ended with victory in 1992. The Court of Appeals gave women the right to appear topless in public if they avoided lewd behavior or exposure for commercial purposes."

If you look at the opinion, it refers to the legal statute below, saying its context was to prohibit such behavior for commercial purposes, and is therefore not applicable in cases such as mentioned above. Also, the opinion touches on the issue of treating women and men differently.

NY Penal Laws
? 245.01. Exposure of a person

"A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment."

So, come to New York ladies.......and take it off!!

So should I call off my nipple reconstruction on Thursday??!!

Or maybe just forgo the later tattoo, so I won't have an areola?!

Or just stay put in New York?!

About 8 months before my diagnosis of bc and subsequent bilat, I read about a woman who had a bilat.  She was an avid surfer and wanted most of all to get back on the surf board as quickly as possible.  She didn't waste any time.  She had a daughter who drew a picture of her surfing, I think, and she had that picture tattooed on her chest and "wore" the tattoo and her bikini bottom to surf.  I was so impressed with her courage in the face of cancer and convention!  Even though I lost the magazine, I have carried her story in my mind, and she has given me a lot of courage and confidence.  I don't want a tattoo and I only show my chest to my husband and to women who are facing bc for the first time and want to know what a mast can look like.  Still, this woman gave me the courage to go breast-free whenever I want to, and to wear little foam forms when I want to be less concave!  The article was in Spirituality and Health magazine, in August 2005, I think.

In this very hot weather we have been having in NY, I am reminded of how much I hate the prosthesis in the summer. Sometimes (forgive me) I wish I had a bilateral mastectomy as I am small and thin, yet do have that small breast on the right side. I whip the bra off as soon as I get home from work, and my grown sons, and now my grandson just accept how I look. I wear those tanks with a liner, and keep a foam boob nearby in case a neighbor pops in. I think I am brave sleeping topless but would feel like I would make everyone else uncomfortable with just one breast. I would stand and applaud any woman who bares it all!

In the front yard, yup.

I didn't in "public"...largely because it was inappropriate.  (I wouldn't customarily go to Walmart with no shirt.)

IMO, there's nothing wrong with it.  Of course, IMO, there's nothing wrong with the boobed skipping the shirt once in a while either.

We are living in a certain society.

Tammy Lou

Ok I can admit to going topless at home and outside.  I have cut grass topless and done various jobs topless in my own yard.  Granted I live on 10 acres and I cant be seen from the road but it was freedom.  Would I head out to Walmart topless?  Nope sure wouldnt but I wouldnt want my son to do it either.  I must say that I do not go topless with my son around but he wouldnt be surprised at all if I did.  I am in Alabama and its hot so why not? 

WOW, hanaki... it is truly beautiful. Thank you for posting. I wish I was that brave.

Pat Fish is an artist

Oh my gosh Breeze I asked my surgeon that exact question On Tuesday when I scheduled my bilat and no recon for 10/17 - she actually laughed. I live here on the Gulf Of Mexico -  I would never do it either but kinda funny to think about taking the dare, my husband said go for it - and if we get stopped by the police put up a real stink as I won't even have nipples  - and men do. My husband the rebel.