Free the Nipple-Fort Collins v. City of Fort Collins, Colorado

Fort Collins, Colo., imposes no restrictions on male toplessness but prohibits women from baring their areolæ. Free the Nipple-Fort Collins sues, and, with the aid of a district court preliminary injunction, frees all nipples in Fort Collins. Tenth Circuit: Just so. Notwithstanding many other courts’ decisions to contrary, we agree that the city has likely discriminated on the basis of sex and violated the Equal Protection Clause. And the city’s citation to a Wikipedia article on “Breast” does not change the analysis. Dissent: “The proper standard of review is the rational-basis standard generally applied to economic and social regulation.”

Tags: 2019, Equal Protection, Rational Basis Test, Tenth Circuit

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