A group of women is going all the way to the top with their challenge of a beach town ban on topless sunbathing, urging the US Supreme Court to rule against allowing men but not women to show all that skin.
Ocean City, Maryland, passed its ordinance in 2017 after one of the plaintiffs, Chelsea Eline, contacted local police and asserted a right to go topless, The Daily Times reported.
The three-judge panel of the 4th US Circuit Court of Appeals in Richmond ruled unanimously in August that the ordinance is constitutional, noting that courts across the country have upheld such measures. The court then denied a request to rehear the case.
Town leaders are within their rights to impose a restriction on women but not men in order to protect public sensibilities, Judge A. Marvin Quattlebaum Jr. wrote.
Chief Judge Roger Gregory concurred, noting that US Supreme Court precedent requires upholding the ban. But he suggested the court should reconsider the issue.