Oklahoma AG: 10th Circuit Court 'Topless' Ruling Does Not Affect State or Local Laws

A 2019 ruling by the 10th Circuit Court of Appeals has some activist women gearing up to go topless in public in several midwestern states. Some say the ruling could apply to Oklahoma, Colorado, Kansas, New Mexico, Utah, and Wyoming. But it's not clear if these activists will be able to legally get away with their plans without being arrested. 

The bewilderment comes after the city of Fort Collins recently decided not to appeal the 10th Circuit ruling which struck down the local city nudity ban, according to The Hill. The city spent more than $300,000 defending the ordinance that included a fine of up to $2,650 or 180 days in jail or both.

City officials decided in the end that the fight wasn't worth the price tag. 

"The money was just better spent on other city priorities," Tyler Marr, a Fort Collins city spokesman told NBC News. 

After the city declined to appeal the ruling, the news began to buzz around the internet causing some people, including several state and local officials, to think the ruling applied to all six states that the 10th Circuit court covers.

When pressed by local media outlets, even some Oklahoma city and county government officials, including law enforcement officials said they would abide by the ruling. 

This led to many public schools and family businesses across the Sooner State reminding the public of the dress codes they have adopted.  After all, events promoted as family events, including high school football games and even the Tulsa State Fair could possibly be affected. 

Meanwhile, Tulsa Police made no attempt Sunday night to stop a Topless Trail Skate event along the city's Riverside Drive that was attended by 40-50 men and women. The city's parks department's security force was on site, but also made no attempt to stop the topless skaters. 

However, on Monday, Oklahoma Attorney General Mike Hunter issued a press release saying the 10th Circuit court ruling which struck down the Fort Collins ban on women going topless in public does not revoke Oklahoma state and municipal laws, according to the Tulsa World.

"The Tenth Circuit's preliminary decision in the Fort Collins case — a case that has now ended without a full adjudication — does not change local and state laws in Oklahoma on the subject," Hunter said. "The majority of courts around the country that have examined this issue have upheld traditional public decency and public nudity laws. These courts have recognized that states and political subdivisions have a legitimate interest in prohibiting public nudity as traditionally defined."

In his press release, Hunter explained the 10th Circuit made a preliminary conclusion about the Fort Collins city ordinance but did not rule on the constitutionality of the law.  And, "the 10th Circuit's ruling is not binding on Oklahoma state courts."

Tulsa Mayor G.T. Bynum told the Tulsa World that the ruling is something he never expected. 

"Honestly, I just thought, 'I just want to fix our streets and make the city safer and bring great employers to Tulsa and great employees to Tulsa,' " the mayor said. "And this is not the kind of thing as mayor you wake up in the morning hoping that this is the issue that you will have to spend a bunch of time working on."

"But, unfortunately, you have some judges sitting in chambers making decisions that have the potential to impact cities all over the country. I was just annoyed this was something that we would have to spend time working on when I can list 100 things that are a better use of public employees' time and taxpayer dollars."

The Oklahoma AG's announcement has not deterred a group of women who are planning to ride on scooters in a topless event in downtown Oklahoma City this Saturday. But Oklahoma City Police say they will be ready and will enforce the public indecency laws, according to television station KWTV. 

So far, the attorneys general in the other five states have not commented on the ruling. However, one local attorney in Salt Lake City says the 10th Circuit was only addressing the Fort Collins ordinance. 

So can a woman legally go topless in Utah?  "The short answer is no," he told television station KSTU.