Legal fight over Fort Collins topless ban grinds on

Despite a lack of press coverage, including from yours truly, all is not quiet on the Free the Nipple front.

A war of words has been going on through legal filings since May 31 when two women sued the city of Fort Collins in federal court over its ban on women appearing topless in public.

Through their lawyers, plaintiffs Brittany Hoagland and Samantha Six asked the court for a preliminary injunction ordering the city to not enforce an ordinance that prohibits females from baring their breasts in public places except during certain circumstances.

That hasn't happened so far. What has happened? The exchange of piles of paperwork.

Fort Collins through its attorneys did not reply to the initial civil complaint, which claims the ordinance violates the U.S. and state constitutions, or the motion for a preliminary injunction until Aug. 2.

But in their filing, the city’s attorneys argued against a preliminary injunction, stating in part the plaintiffs' arguments don’t meet the criteria for such an injunction, including that they would likely succeed in their case and would suffer irreparable injury if an injunction is denied.

DECRIMINALIZE: In 2015, Brittany Hoagland sought the right to go topless

The city also filed a motion calling for the case to be dismissed, stating the public nudity ordinance does not violate the women’s First Amendment rights.

Going topless at a protest does not constitute free speech, the city argued, in part because the message behind such an act would not be clear. Plus, courts have found topless and nudity bans to be constitutional in other cases.

The plaintiffs’ lawyers argued against the motion to dismiss, stating a topless protest is a recognized form of expression. The filing cited recent events, including a topless parade in Denver on Aug. 28, as examples.

“Topless protest for the purpose of decrying the exploitation and sexualization of the female body is currently ubiquitous in the United States and abroad,” the filing stated.

The arguments from both sides of the case are long and loaded with legal references. If you want to plow through them online, check out noconow.co/toplessban.

Hoagland and Six are members of the Free the Nipple movement, which advocates for gender equality and equal protection for all under the law.

The group argues an example of gender disparity is allowing men to appear bare-chested in public, but not women.

The City Council passed its ordinance almost a year ago after a long public discussion and emotional hearings, during which supporters of the topless ban far outnumbered opponents.

Critics said allowing women to be topless in public would make the city less family friendly, ruin its reputation and potentially place women in danger.

When the court will rule on any of these motions is not clear. A hearing on a preliminary injunction is scheduled Dec. 19 in U.S. District Court in Denver.

Stay tuned as this legal drama unfolds, albeit slowly.

Kevin Duggan is a senior reporter. Follow him at Coloradoan Kevin Duggan on Facebook or @coloradoan_dugg on Twitter.