A new federal ruling that toppled a ban on women going topless could apply to statutes in Utah — but not unless there’s a specific challenge here.
The decision from the 10th U.S. Circuit Court addressed an ordinance in Fort Collins, Colo., that banned women from baring their breasts. And it applies only to that city, according to FOX 13, rather than all of the states the appellate court covers: Utah, Colorado, Kansas, Oklahoma, New Mexico and Wyoming.
“To the extent that ordinance is problematic from an equal protection standpoint, it applies to that ordinance itself,” Peter Stirba, a civil attorney who represents a number of cities across Utah, told FOX 13.
In order to knock down similar statutes in Utah — where they exist — someone would have to challenge those cities’ laws specifically in court. And based on the precedent from this case, it’s very likely they wouldn’t be allowed to stand.
Already, some strip clubs are interested in taking up the case; in Utah, most have their dancers wear nipple coverings.
The 10th Circuit Court case was brought up by two women who alleged that banning women from going topless infringed on their rights to equal protection under the Constitution because men are allowed to openly show their chests. The court issued an injunction, stopping the ordinance in Fort Collins from being enforced.
It’s possible the issue will also be taken up by the U.S. Supreme Court.
Editor’s note • The Salt Lake Tribune and FOX 13 are content-sharing partners.
