January 22, 2005
Woman Promotes the Right to Go Topless
An attorney crusades to change the law because it treats male and female
sunbathers differently. A ruling in a Megan's Law case adds urgency.
By Robert Salladay, Times Staff Writer
SACRAMENTO — As a Ventura County public defender, Liana Johnsson has handled
many life-changing cases, but her biggest public crusade these days has been
going topless.
For months, Johnsson has been fighting to allow topless women at California
beaches and parks, and now the issue has made its way to the Capitol.
A group of lawyers, at Johnsson's request, has asked the Legislature to make
topless sunbathing legal, saying the ban is the last criminal sanction that
treats women differently than men.
The new movement has urgency: Because of a December court ruling, Johnsson and
other attorneys contend, women convicted of indecent exposure could find
themselves listed as sex offenders under Megan's Law, alongside rapists and
child molesters.
"At some point, men's breasts became liberated and women's didn't," Johnsson
said Friday. "This is the only thing left that men are legally allowed to do
and, for women, they have to register as a sex offender. The real issue is
there should be equal protection under the law."
The office of state Atty. Gen. Bill Lockyer said women should not be concerned
about being identified as sex offenders, given that California law considers
topless sunbathing to be indecent but not lewd. Lawmakers may soon be tackling
the issue to remove any chance of misinterpretation by local prosecutors.
Before her idea reached Sacramento this week, Johnsson presented her arguments
to more than 400 delegates at an October bar association convention. She
flashed images on a screen of the big-breasted male evildoer from "Austin
Powers: The Spy Who Shagged Me," as she spoke.
Johnsson — who wears a pink badge that reads, "I support breast equality" —
also has produced a two-minute video featuring obese men with large breasts
lounging on California beaches, proof, she said, that the law is not applied
equally to men and women, as required by the U.S. Constitution.
After a bit of tittering followed by a plea to protect children, the lawyers'
group approved a resolution asking that the criminal codes forbidding topless
sunbathing be removed. Lobbyists for the Conference of Delegates of California
Bar Associations said they expect a lawmaker next week to introduce the bill
Johnsson seeks, although an author and details of the proposal have not been
decided.
The issue goes beyond topless sunbathing. The conference lobbyist, Randy Perry
with Aaron Read & Associates, questioned whether fraternity boys mooning out a
car window or golfers caught urinating in the woods would also be required to
register as sex offenders now, if convicted of indecent exposure.
"What we're talking about is common sense," said Perry.
He noted that since California legalized public breastfeeding in 1998, the only
area of the law exclusively targeting women has been topless sunbathing.
Perry said the 2005 bill would either exempt topless women from Megan's Law,
make topless sunbathing an infraction instead of a misdemeanor or let judges
decide whether to require sex offender registration.
In an Orange County case last month, a state Court of Appeal ruled that anyone
convicted of misdemeanor indecent exposure must be listed as a sex offender
under Megan's Law. The databank recently was placed on the Internet, so people
can search it for sex offenders.
The court said including indecent exposure offenders is not cruel and unusual
punishment because Megan's Law is not technically a "punishment" but simply a
regulatory tool. Lawyers in the case said trial judges and prosecutors should
have the discretion to decide, but the court took that away.
"Can you imagine the burden on police to now have to track all these people?"
asked Carol E. Lavacot, the Orange County public defender who challenged the
ruling in the 4th Appellate District. "It's a way overboard decision."
It's extremely rare for women to be convicted of misdemeanor indecent exposure
for going topless or, as the law currently reads, exposing "any portion of the
breast at or below the upper edge of the areola of any female person."
Officials at the California Department of Parks and Recreation say it has not
been a priority for them to cite women at its 278 parks and beaches. California
has dozens of unofficially designated nude beaches and rivers, including the
popular Black's Beach near San Diego, where people lie about in the nude,
mostly without interference from police or rangers.
"Our rangers — how can I put this? — are very busy," said Joe Rosato, a
parks department spokesman. "It's a low, low priority. Instead, what the
rangers do is ask the women to put their tops on, and usually it's 100%. If
there are any indecent exposures, it's more of a flasher or someone jumping out
of bush exposing themselves."
For its part, the state attorney general's office said Megan's Law would apply
only if the woman has "lewd intent" — and topless sunbathing is not normally
considered lewd. In addition, they said, a misdemeanor conviction for indecent
exposure requires only registration under Megan's Law, not public disclosure on
the new government websites.
The office of Gov. Arnold Schwarzenegger declined to comment on the possible
legislation, and it was unclear if the governor would rank this effort as one
of the "silly" bills he says the Legislature often dreams up. "You've got to be
kidding me," spokeswoman Margita Thompson said in an e-mail when asked to
comment.
The legislation probably faces a fight. Lawmakers in California have been eager
to expand Megan's Law, not carve out exemptions.
Randy Thomasson, president of Campaign for Children and Families, called it a
"loopy idea" at a time when California needs to strengthen laws against public
nudity.
"We already have too many sexual assaults in society. This will fuel that fire,
and if the women don't understand, that's because they don't think like a man,"
Thomasson said.
But Johnsson countered the notion that "if you allow topless sunbathing on
state beaches … civilization will collapse. I tried to show that we have
faced these same fears, like when we gave women the right to vote and enter the
armed forces, and we have survived."
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| User: "Absolute Zero" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 07:52:29 AM |
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I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Or is it about your "other" hobbies?
-A
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| User: "Krib" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 08:53:15 AM |
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"Absolute Zero" <amycaton@hotmail.com> wrote in message
news:ct2uh1$oq4$4@news8.svr.pol.co.uk...
I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Hey! Whoa! wait a sec though..... I found this one particularly.... ummm..
intriguing... yes that's the word... probably
Or is it about your "other" hobbies?
Erk! thanks... there goes another meal
--
krib
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| User: "Jane" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 06:08:43 PM |
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"Krib" <krib@address.invalid> wrote in message
news:vZ7Jd.3815$Fn4.2882@newsfe5-win.ntli.net...
"Absolute Zero" <amycaton@hotmail.com> wrote in message
news:ct2uh1$oq4$4@news8.svr.pol.co.uk...
I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Hey! Whoa! wait a sec though..... I found this one particularly.... ummm..
intriguing... yes that's the word... probably
There was a case here several years back. A woman went strolling topless
down the street in Guelph, Ontario. She won her case and suddenly it was
legal to go topless all over the province! Most women kept their tops on
and some citys passed bylaws (in Oshawa there were some women who did go
around topless in the downtown area...but, then, Oshawa's downtown is an
armpit full of drug-addled hookers).
In any case, it caused a big stir, but ended up being much ado about
nothing.
Jane
Or is it about your "other" hobbies?
Erk! thanks... there goes another meal
--
krib
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| User: "TaDa Pope" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 10:27:49 PM |
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Are you promoting Girls Gone Wild DVDs?
Tangents are infinite in all of nature in
all universes constantly and at random.
* D OUOSVAVV M *
*PUBLIUS ENIGMA*
Oh Joy!
The Psychedelic Pope
Patron Saint of the Internet
http://www.apple2.org.za/gswv/me/
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| User: "MonsieurStat" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 11:04:38 PM |
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Jane wrote:
"Krib" <krib@address.invalid> wrote in message
news:vZ7Jd.3815$Fn4.2882@newsfe5-win.ntli.net...
"Absolute Zero" <amycaton@hotmail.com> wrote in message
news:ct2uh1$oq4$4@news8.svr.pol.co.uk...
I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Hey! Whoa! wait a sec though..... I found this one particularly.... ummm..
intriguing... yes that's the word... probably
There was a case here several years back. A woman went strolling topless
down the street in Guelph, Ontario. She won her case and suddenly it was
legal to go topless all over the province! Most women kept their tops on
and some citys passed bylaws (in Oshawa there were some women who did go
around topless in the downtown area...but, then, Oshawa's downtown is an
armpit full of drug-addled hookers).
In any case, it caused a big stir, but ended up being much ado about
nothing.
Proof that women CHOOSE to keep their tops not because of LAWS, but for
cultural, social and personal reasons. Now try extending this same logic
to Muslim women who CHOOSE to cover their hair, mostly for the same
reasons, and you make a relatively giant step in opening your mind to a
whole new world out there;-)
Stat
Jane
Or is it about your "other" hobbies?
Erk! thanks... there goes another meal
--
krib
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| User: "Jane" |
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| Title: Re: Woman Promotes the Right to Go Topless |
25 Jan 2005 04:06:46 AM |
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"MonsieurStat" <monsieurstat@gmail.com> wrote in message
news:FrkJd.1653$Yg6.491739@news20.bellglobal.com...
Jane wrote:
"Krib" <krib@address.invalid> wrote in message
news:vZ7Jd.3815$Fn4.2882@newsfe5-win.ntli.net...
"Absolute Zero" <amycaton@hotmail.com> wrote in message
news:ct2uh1$oq4$4@news8.svr.pol.co.uk...
I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Hey! Whoa! wait a sec though..... I found this one particularly....
ummm..
intriguing... yes that's the word... probably
There was a case here several years back. A woman went strolling
topless
down the street in Guelph, Ontario. She won her case and suddenly it
was
legal to go topless all over the province! Most women kept their tops
on
and some citys passed bylaws (in Oshawa there were some women who did go
around topless in the downtown area...but, then, Oshawa's downtown is an
armpit full of drug-addled hookers).
In any case, it caused a big stir, but ended up being much ado about
nothing.
Proof that women CHOOSE to keep their tops not because of LAWS, but for
cultural, social and personal reasons. Now try extending this same logic
to Muslim women who CHOOSE to cover their hair, mostly for the same
reasons, and you make a relatively giant step in opening your mind to a
whole new world out there;-)
Stat
When have I ever said anything about muslim women covering their hair?
Now, being forced into burkas or the long, black (abayas?) robes of Saudi
Arabia when it is stifling, (excluding the sun necessary for vitamin D),
being forced to travel only with a related male, not being able to drive,
and otherwise being treated like a child is another thing entirely.
Jane
Jane
Or is it about your "other" hobbies?
Erk! thanks... there goes another meal
--
krib
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| User: "Dude Love" |
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| Title: Re: Woman Promotes the Right to Go Topless |
25 Jan 2005 04:20:05 AM |
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You Americans are a funny lot..There only boobs, get over it.
Having a court discuss boobs, thats funny...real funny...hee hee.
Come over here (Australia) boobs everywhere. Bums too if you like them.
Even got beaches where you can be nude if you want.(lots)
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| User: "Woodswun" |
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| Title: Re: Woman Promotes the Right to Go Topless |
24 Jan 2005 06:43:28 PM |
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On Mon, 24 Jan 2005 19:08:43 -0500, Jane wrote:
"Krib" <krib@address.invalid> wrote in message
news:vZ7Jd.3815$Fn4.2882@newsfe5-win.ntli.net...
"Absolute Zero" <amycaton@hotmail.com> wrote in message
news:ct2uh1$oq4$4@news8.svr.pol.co.uk...
I'll quote NAB
"What does THAT have to do with Nostradamus, OR prophecy in general??"
Hey! Whoa! wait a sec though..... I found this one particularly.... ummm..
intriguing... yes that's the word... probably
There was a case here several years back. A woman went strolling topless
down the street in Guelph, Ontario. She won her case and suddenly it was
legal to go topless all over the province! Most women kept their tops on
and some citys passed bylaws (in Oshawa there were some women who did go
around topless in the downtown area...but, then, Oshawa's downtown is an
armpit full of drug-addled hookers).
In any case, it caused a big stir, but ended up being much ado about
nothing.
In New York State, a woman can go topless in public anywhere a man can go
topless. It's been that way for years, not that anyone would know it.
Woods
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