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Indiana girl loses 14th Amendment argument to show us her breasts
http://www.indystar.com/article/20100916/NEWS02/9160469/Indiana-girl-loses-14th-Amendment-argument-to-show-us-her-breasts?odyssey=obinsite
A girl accused of exposing her breasts on an Indianapolis street cannot argue that the 14th Amendment to the Constitution gives her the freedom to do it, the state's appeals court ruled today.
Indianapolis metropolitan police on June 16, 2009, responded to a report of three females exposing themselves to passing vehicles.
One of the three, a 16-year-old Indianapolis girl who is identified only by initials in court documents, could have been charged with a misdemeanor charge of public nudity if she were 18 or older and classified as an adult.
The 14th Amendment's equal protection clause says no state "shall deny to any person within its jurisdiction the equal protection of the laws."
The girl's appointed public defender, Joel M. Schumm, argued Indiana's nudity law was unfair because it covers the nipples of women, but not men. Schumm is a clinical professor of law at Indiana University School of Law -- Indianapolis, and director of its Judicial Externship Program.
Schumm said he was disappointed with the appeals court ruling and its decision not to hear oral arguments in the case. He will discuss with the girl the possibility of moving the case to the Indiana Supreme Court.
The public defender said his written arguments to the appeals court outlined traits shared by both genders' breasts. But, Schumm said, history, stereotypes and public sensitivity appear to be defining Indiana's nudity law.
The girl said the justification of public nudity laws often "appears to be the vague notion of public or moral sensibilities," court documents showed.
An Indiana law gives one definition of nudity as "the showing of the female breast with less than a fully opaque covering of any part of the nipple."
The IMPD officer testified in juvenile court he saw the girl's nipple.
In the appeals court decision, Judge Cale Bradford wrote, "In the end, (the girl) would have us declare by judicial fiat that the public display of fully-uncovered female breasts is no different than the public display of male breasts, when the citizens of Indiana, speaking through their elected representatives, say otherwise. This we will not do.
"We conclude that Indiana's public nudity statute furthers the goal of protecting the moral sensibilities of that substantial portion of Hoosiers who do not wish to be exposed to erogenous zones in public."
The appeals court decision, affirmed by all three judges, upheld an earlier ruling in a Marion County juvenile court.
The juvenile court discharged the girl to her mother, court documents said.
Laws in some states and localities -- including ones in Hawaii, Maine, New York, Ohio and Texas -- allow public display of women's breasts, according to law sources.
A girl accused of exposing her breasts on an Indianapolis street cannot argue that the 14th Amendment to the Constitution gives her the freedom to do it, the state's appeals court ruled today.
Indianapolis metropolitan police on June 16, 2009, responded to a report of three females exposing themselves to passing vehicles.
One of the three, a 16-year-old Indianapolis girl who is identified only by initials in court documents, could have been charged with a misdemeanor charge of public nudity if she were 18 or older and classified as an adult.
The 14th Amendment's equal protection clause says no state "shall deny to any person within its jurisdiction the equal protection of the laws."
The girl's appointed public defender, Joel M. Schumm, argued Indiana's nudity law was unfair because it covers the nipples of women, but not men. Schumm is a clinical professor of law at Indiana University School of Law -- Indianapolis, and director of its Judicial Externship Program.
Schumm said he was disappointed with the appeals court ruling and its decision not to hear oral arguments in the case. He will discuss with the girl the possibility of moving the case to the Indiana Supreme Court.
The public defender said his written arguments to the appeals court outlined traits shared by both genders' breasts. But, Schumm said, history, stereotypes and public sensitivity appear to be defining Indiana's nudity law.
The girl said the justification of public nudity laws often "appears to be the vague notion of public or moral sensibilities," court documents showed.
An Indiana law gives one definition of nudity as "the showing of the female breast with less than a fully opaque covering of any part of the nipple."
The IMPD officer testified in juvenile court he saw the girl's nipple.
In the appeals court decision, Judge Cale Bradford wrote, "In the end, (the girl) would have us declare by judicial fiat that the public display of fully-uncovered female breasts is no different than the public display of male breasts, when the citizens of Indiana, speaking through their elected representatives, say otherwise. This we will not do.
"We conclude that Indiana's public nudity statute furthers the goal of protecting the moral sensibilities of that substantial portion of Hoosiers who do not wish to be exposed to erogenous zones in public."
The appeals court decision, affirmed by all three judges, upheld an earlier ruling in a Marion County juvenile court.
The juvenile court discharged the girl to her mother, court documents said.
Laws in some states and localities -- including ones in Hawaii, Maine, New York, Ohio and Texas -- allow public display of women's breasts, according to law sources.
Where are this child's parents. I cannot even imagine what I'd do if I found out that my daughter did something like this.
I love the Caribean, and it's very common to see topless women there. It's so normal, no one pays any attention at all. One year I was in Jamaica, and there you see a lot of full on nudity at the beaches (and even a few people walking down the street..lol). All I can say is that the majority of those going completely naked were the ones that probably shouldn't have..lol.
But in a setting such as that it truly doesn't bother me...I guess because no one stands out. However, call us North Americans prudes, but public nudity is just not the norm here. People should just respect different cultural beliefs. When in Rome.....
But in a setting such as that it truly doesn't bother me...I guess because no one stands out. However, call us North Americans prudes, but public nudity is just not the norm here. People should just respect different cultural beliefs. When in Rome.....
I think there is something wrong with someone who thinks they need to butt up against the system to go without clothing. First of all, the majority of people look better with their clothes on! Sorry youngins, that includes you! No body is perfect and as you age you get less perfect and frankly I dont want to see it! Yuck! Just look around you in a day and imagine all that you see naked! We would die of laughing or gagging! This serious need to get attention by getting naked says something about ones need for attention imo. And not the good kind! Maybe she thought she would get more attention or maybe money out of the deal! But can you imagine all these naked people! I have a right to not be subjected to it! LOL For health reasons!
I know!!! A law suit with the word nipple in it is like a beacon calling out to all creeps . . . especially when it is a 16 year old girl! And I find her public defender's argument interesting that men and women's breasts are so similar. Um, my husband didn't feed two kids with his now did he???!!!!
Are we now getting into too much information? LOL
Are we now getting into too much information? LOL
I dunno I'm not really interested in Brad Pitt's breasts, either! hehe...
I'll concur with the "when in public, clothes ON" policy. Although....sometimes, what qualifies as clothing is just plain shameful.
full-body spandex, for example. it's a priveledge, people, not a right...and I don't know many people who would qualify (IMHO) for the right to wear full-body spandex.
This court case is a bit bizarre, btw....I mean, is she BEGGING to be approached by pervs? It's horrible...she just doesn't realize what this sort of wanton behavior will do to the rest of her life. I hope she outgrows it!
I'll concur with the "when in public, clothes ON" policy. Although....sometimes, what qualifies as clothing is just plain shameful.
full-body spandex, for example. it's a priveledge, people, not a right...and I don't know many people who would qualify (IMHO) for the right to wear full-body spandex.
This court case is a bit bizarre, btw....I mean, is she BEGGING to be approached by pervs? It's horrible...she just doesn't realize what this sort of wanton behavior will do to the rest of her life. I hope she outgrows it!
Hm. Well, once a week on Friday night I would be willing to let Brad Pitt be naked in his home across the street from me with the blinds open. Just once a week for a short time though . . . but honestly, you are right. I wouldn't care if he had his clothes on or not, I'd still be looking! (in between caring for my home, husband and children that is . . .) So, it is official--------- we all need to keep our clothes on in public!
Lol, I know!! Now, if he looked like Brad Pitt or something, I might not be so quick to complain...lol, just kidding. I have no desire to see him naked either. why can't people just keep their darned clothes on!
In the movies, it is always some hot model type walking around their house nude. Real life is never like that . . . bummer. LOL
You know, I agree with all of you that your constitution is an important and wonderful thing. However, what do you think your founding fathers would think of people now using it the way they are? Lol, I am suspecting issues come up that would never have even crossed their minds.
We are dealing with a nakedness situation right now at home. The guy across the lane prefers to be nude and wanders around his house that way. Now, that is fine, but I seriously wish he would close his blinds..lol. Besides, he is not even attractive...ha. The neighborhood is up in arms, but apparantly because he is in his own home, not much can be done . Sigh...to each their own, but I wish I didn't have to be subjected to it.
We are dealing with a nakedness situation right now at home. The guy across the lane prefers to be nude and wanders around his house that way. Now, that is fine, but I seriously wish he would close his blinds..lol. Besides, he is not even attractive...ha. The neighborhood is up in arms, but apparantly because he is in his own home, not much can be done . Sigh...to each their own, but I wish I didn't have to be subjected to it.
I'm with ya special....mom must be very proud!
As the court discharged her to her mother, I'm sure mom was VERY proud! Anyway, I'm sure the girl had the full support of all the pervies out there!
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