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See also: Toplessness

Topfreedom is a social movement seeking recognition of rights of women and girls to be topless in public where men and boys have that right. Examples of public spaces at which topfreedom might be exercised include beaches, swimming pools and parks, although the principles of the movement admit to no restriction in location. The reason for topfreedom include enabling nursing mothers to openly breastfeed in public where it is now seen to be inappropriate; sun tanning; comfort; and gender equality.

The topfreedom movement objects to the risqué connotations of the term "topless" and usually prefers the term "topfree."

Cultural arguments

Western culture, especially in the United States and in Islamic cultures, generally oppose female public toplessness, interpreting the display of female breasts as sexual in nature, and thus indecent. In contrast, the male chest is not commonly considered to be sexual. Some zoologists, (notably Desmond Morris) believe that through human evolution, female breasts have acquired secondary sexual characteristics as a counterpart of the buttocks in other primates. For more information, see breast.

Topfree movement by region

Europe, the Mediterranean, and other western countries

In Europe and Australia, toplessness at public beaches has long been the norm, although recent media reports have noted a possible reversal of the trend, with fewer women sunbathing topless on French beaches and younger French women in particular taking a more disapproving attitude to public breast exposure.

In some locations, topless sunbathing is legally permitted; in others, toplessness has grown to be accepted by common consent. At the Kenwood Ladies' Bathing Pond in London's Hampstead Heath, the Greater London Council has permitted topless sunbathing and swimming since 1976, although men are not allowed to enter the bathing area. International hotel chains with properties in multiple locations have evolved a tolerant policy. Many resort hotels and condominium complexes now allow topless sunbathing at their swimming pools, and some cruise ships offer adults-only decks on which women may remove their tops.

In some regions, female toplessness has become acceptable in specific locations, like Guadeloupe in French Guiana; St. Barts, Martinique, and St. Martin in the Caribbean; Cape Town, South Africa; Tabah, Tel Aviv, and Eilat, Israel; and Ibiza and Formentera, Spain. This is also true in certain parts of Greece, Mexico, Venezuela, and Brazil. Virtually every beach on the Adriatic coast of Croatia and along Europe's long Mediterranean coast permits toplessness.

A protest movement called "Bara Bröst" (a pun meaning both "Just Breasts" and "Bare Breasts") appeared in Sweden in September 2007 to promote women's right to be topless in places where men could also be topless. Several events were staged in public swim baths in September and October. While toplessness is not illegal, several private or public establishments in Sweden have a dress code which requires everyone to wear tops: topless individuals can be denied access or removed. The group scored a significant victory in June 2009 when the Malmö city's sports and recreation committee approved new rules that, while requiring everybody to wear bathing suits at indoor public swimming pools, did not require women to cover their breasts. In Poland, a predominantly conservative Catholic country, two women, including topless model Dorota Krzysztofek, were reprimanded in court and fined for sunbathing topless after refusing to pay the original citation. In Australia, a conservative member of Parliament submitted a bill in late 2008 that would have banned public toplessness to avoid offending visitors from Middle Eastern or Asian countries.

Asian countries

In many Asian and Southwest Asia countries with more conservative social norms, women are prohibited from being topfree in any public place. However, they sometimes make exceptions for Western visitors at locations like Phuket, Samui, and Samet, Thailand. In China, a female visitor from Bulgaria caused a commotion in August, 2009 when she went topless at Number 1 Seaside Bathing Club in Qingdao. While local citizens were upset, no law prohibiting toplessness existed, and the woman was allowed to continue sunbathing topless.

Middle-east countries

In July 2008, police in the Muslim city-state of Dubai cracked down on foreign visitors who were "indecent" at local beaches, detaining 79 people during the arrests. While tourists in Dubai can wear bikinis on the emirate's beaches and walk its streets in shorts, toplessness is not permitted. In Tunisia, where 80% of the population is Muslim, European tourists may sunbathe topless at the hotel's private beaches and pools, while traditional Muslim women wear full chadorah at public beaches. Multilingual signs have now been erected on Dubai's beaches warning that women who remove their tops can face criminal prosecution and sentences of up to six months' imprisonment..

United States

Toplessness in public by women is illegal in many states of the United States. Some states do not have laws against toplessness, but permit local governments to write laws appropriate to their local standards. In the United States, resistance to female toplessness is much greater than in mainland Europe or Australia, even extending to controversy over breastfeeding in public.

Toplessness is tolerated during specific events in a few limited locations, like the San Francisco Bay to Breakers race and the Oregon Country Fair.

In February 2005 in California, attorney Liana Johnsson contended that under Megan's Law, women convicted of indecent exposure (for breastfeeding or sunbathing) could find themselves listed as sex offenders alongside rapists and child molesters. The Rochester Topfree Seven were charged in 1986 in Rochester, New York but acquitted in 1992.

In December, 2007, 50 residents of Pittsfield, Massachusetts submitted a petition to the City requesting a segregated beach specifically for top-free sunbathing by both men and women. The petition was rejected by the City Council by a vote of 9-2, with the Mayor calling it "unacceptable and unnecessary". Residents have vowed to continue their fight.

The City of Daytona Beach, Florida which is known for it's "most famous beach in the world" has tolerated a lot of skin exposure during Spring Break events and at other times too. Thong bikinis are worn there at times by visitors and nobody bothers them. In a famous ongoing case, one woman, Liz Book has legal permission to go topless, but ONLY if it is specifically stated that she is doing so to make a political statement, under her First Amendment right of free speech.

Liz Book - the topfree revolutionary won her case against the City of Daytona Beach in a famous ruling in 2007. See: http://gotopless.org/news.php?item.8.1

Because of the public resistance to female toplessness, a small topfree movement has grown. The term "topfree" is used as an alternative to "topless", which may carry negative connotations. Some women prefer the term "shirtfree rights".

Some places in North America have passed laws permitting females to forgo tops in public, although women do not necessarily take advantage of these laws. Locations permitting the same clothing for both sexes include:

  • Some states of the United States, including
    • California coast, including Black's Beach, Santa Cruz
    • Colorado. The only related law is CRS 18-7-302 (Indecent Exposure) which prohibits a person from knowingly exposing his/her genitals
    • Hawaii
    • Maine
    • New York
    • Ohio
    • Texas
  • Some cities, localities and events permit topfreedom, including
    • Austin, Texas
    • Eugene, Oregon
      • Oregon Country Fair
    • Lucy Vincent beach in Chilmark on Martha's Vineyard
    • Portland, Oregon
    • South Beach, Miami Beach, Florida
    • Key West, Florida
      • Fantasy Fest
    • New Orleans, Louisiana
      • Mardi Gras
    • Washington, D.C.
    • Columbus, OH

Even where topfree is legal, police might still arrest those practicing it for disorderly conduct or similar charges.

Canada

In 1991, Gwen Jacob was arrested for walking down a street in Guelph, Ontario while topless. She was acquitted in 1996 by the highest court in Ontario.

The Topfree Equal Rights Association (TERA) is a Canadian organization with an interest in helping women in both Canada and the United States who have legal troubles exercising their rights to go 'topfree' where men are able to.

  • Some provinces of Canada including
    • British Columbia
    • Manitoba
    • Ontario (where equality has been tested and upheld several times)

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