Appeals Court Upholds Woman's Right To Protest While Topless

POSTED: 4:59 pm EDT October 12, 2006

UPDATED: 5:33 pm EDT October 12, 2006

ORLANDO, Fla. -- A woman, who was arrested when she exposed her breasts to protest laws that bar women from publicly going bare breasted, can demonstrate topless as part of a legitimate political protest, an appeals court has ruled.

The Seventh Judicial Circuit Court of Appeals on Oct. 5 upheld a Volusia County judge's opinion that Elizabeth Book could protest while topless on the city's Main Street Bridge.

Book, of Ormond Beach, was arrested by Daytona Beach police and fined $253 during Bike Week in March 2004. The city said she violated an ordinance banning public nudity that was passed in 2002 to curb indecency at special events.

Book's attorney, Lawrence G. Walters, said the latest ruling is a victory for his client, who set out to test laws against nudity because she believes they are unfairly applied to women. Deputy City Attorney Marie Hartman said the city "respectfully disagrees with the opinion." Hartman said the city is looking into an appeal to the Fifth District Court of Appeal.

Book also faces charges in a separate case, where she was arrested for appearing topless in front of topless Grecian statues near a city auditorium in July 2005. She has been charged with disorderly conduct in connection with the incident.

Previous Stories:

March 21, 2005: Women Arrested In Protest For Equal Male-Female Topless Rights
March 7, 2004: Lawyer: Women's Topless Protest Will Go On
October 28, 2003: Women Go Public With Topless Equality Fight

Police in Daytona Beach arrested five topless women Sunday during a protest over the city's anti-nudity law, according to Local 6 News.

The women, who claimed the city's law was unconstitutional removed their shirts and were arrested.

Liz Book who staged a similar protest last year, was videotaped on a stage taking off her shirt. Then, several women showed up during the protest and took their shirts off.

The women were handcuffed by police officers and led away from the protest.

Daytona Beach and Book apparently had an agreement to have a topless protest in the city but the event had to be on a covered platform away from traffic and the general public, Local 6 News reported.

The city said the supporters were supposed to stay by the covered state area to avoid arrest, according to the report.

"They started making flagrant and blatant attempts to draw attention to their cause and that exceeded the purview of our agreement, "Daytona Beach police spokesman Brian Skipper said. "These supporters were not part of the original understanding"

Book claims the city said there would not be any arrests at this year's protest.

"They just made the biggest mistake they could have ever made in violating this agreement and our constitutional rights," Book said.

Book said she will continue the fight against Daytona's anti-nudity law.

"Daytona, who do they think they are to supercede the Constitution of the United States," Book said. "Big brother needs to leave his little sisters alone.

So then in Florida car jacking someone in protest of a law making car jacking illegal is exercising their rights?

Your airtight logic is unassailable and will likely be implemented in short order by the more thoughtful carjackers and their attorneys.

I may be 50 or weigh 300 lbs - but I have the right to gross you out....

blech, I have to go wash now.

Be sure to get in line for the washroom quickly as I have no doubt that yours will be the overwhelming reaction shared by all except Rosie O'Donnell and her pals.....

"Daytona, who do they think they are to supercede the Constitution of the United States," Book said. "Big brother needs to leave his little sisters alone."

First off, which article of the Constitution states that Congress shall pass no law prohibiting bare boobage? Second, none of these "little sisters" look too liittle to me.....

Can the court guarantee that the womens breasts will be upheld?

You have brought up an essential point, and I would suggest that you organize a Board of Overseeing which will take tangible steps to insure that the protesters do not cause visual pollution in the community. Just as various organizations have successfully lobbied against ugly, large or overly numerous billboards on the grounds that they create 'visual pollution in a community, steps need to be taken that the protesters do not inflict a similar blight upon their community. You and your Staff could draw up specifications for any exposed mammary elements involved, and provide consulting as well as engineering services, onsite, to rectify any documented violations.

"Ack" is right. These women should first try this in Iran or Saudi Arabia first. If they can survive for 24 hours, then they can bare it all here.

I'm guessing that these foul skanks don't even have any idea of how horribly a woman is treated in those countries, and most likely wouldn't understand at all if you were to make a suggestion that they be just a bit more appreciative of how absolutely wonderful a country the United States is. These are people who have no clue and don't want one.

consider the horrific impact upon the landscape when the protesters who look more like Rosie O'Donnell or Helen Thomas want to exercise their new "rights".....

From looking at the photos, there were some RD and HT wannabes there. Should have just stuck with my imagination.

The most frighteningly ugly women on Earth will be the first ones wanting to do this, as they are the ones who are the most desperate for attention and who have the least to lose. The good looking women will have no need or inclination to do this, as they understand the lure of suggestive concealment as opposed to glaring, unrestrained exposure..

At least this shows her "BETTER" side....

And this side makes me want to quickly turn away in disgust. Florida's Finest should get hazard-duty pay for this sort of operation; they are very much in our debt for doing such an awful job that benefited the community so much.

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