FORT COLLINS COLORADOAN - A federal judge says a lawsuit against the city of Fort Collins and its ban on women appearing topless in public may continue.
U.S. District Court Judge R. Brooke Jackson issued an order Thursday granting one out of three elements of the city’s motion to dismiss the case but denied the other two.
Activists Brittiany Hoagland and Samantha Six, who are members of the national Free the Nipple movement, claim in a lawsuit the city ordinance passed a year ago violates their constitutional rights.
In its motion to dismiss the case, the city was correct in contending going topless is not protected as free speech under the First Amendment, Jackson stated. However, the city did not make a compelling argument that equal protection clauses of the Fourteenth Amendment and the state’s Equal Rights Amendment do not apply.
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