November 2021 - Parks & Recreation - 28

LAW REVIEW
In the case of Eline v. Town of Ocean City, an
ordinance prohibiting female toplessness was
challenged by five women.
Ordinance Prohibits Public
Female Toplessness
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Eline v. Town of Ocean City, 2021 U.S. App. LEXIS 23246
(4th Cir. 5/5/2021), the Town of Ocean City, Maryland, had passed
an ordinance prohibiting public nudity. The ordinance was in response
to inquiries about topless sunbathing on the town's beaches.
While the ordinance restricted both men and women from showing certain
body parts in public, only women were prohibited from publicly showing
bare breasts. Plaintiffs were five women who sought " to be bare-chested in
public in the same locations where it is lawful for men to be bare-chested. "
Family Resort Town
Ocean City is a beach town " located
on a barrier island 8.4 miles
long in Worcester County, Maryland,
and was originally founded
as a fishing village in 1875. " Ocean
City
more than 300,000
vacationers
currently has more than
7,000 residents, with a median age
around 54 years old. Despite its
small population, Ocean City is
a frequent tourist location, with
28 Parks & Recreation | NOVEMBER 2 0 2 1
per weekend during the busy summer
months and 200,000 vacationers
per weekend during the offseason
months. " Ocean City has
long been identified and considered
by its visitors and residents, and
has identified itself, as a familyfriendly
resort catering to visitors
of all ages and providing a familyfriendly
environment. "
| PARK S ANDRECRE AT ION . OR G
On August 17, 2016, Plaintiff
Chelsea Eline contacted the Ocean
City Police Department and the
Worcester County State's Attorney
" regarding her stated intention
to go 'topless' in Ocean City,
including on its beaches. " Eline
took the position that she had a
constitutionally protected right to
be topless (i.e., expose her breasts)
in public, including in Ocean City
and on its beaches.
As a result of her inquiry, the
possibility of Ocean City becoming
a topless beach became a matter
of great public attention and concern.
Ocean City Mayor Richard
W. Meehan and members of the
Ocean City Council received many
emails and phone calls from Ocean

November 2021 - Parks & Recreation

Table of Contents for the Digital Edition of November 2021 - Parks & Recreation

November 2021 - Parks & Recreation - Intro
November 2021 - Parks & Recreation - Cover1
November 2021 - Parks & Recreation - Cover2
November 2021 - Parks & Recreation - 1
November 2021 - Parks & Recreation - 2
November 2021 - Parks & Recreation - 3
November 2021 - Parks & Recreation - 4
November 2021 - Parks & Recreation - 5
November 2021 - Parks & Recreation - 6
November 2021 - Parks & Recreation - 7
November 2021 - Parks & Recreation - 8
November 2021 - Parks & Recreation - 9
November 2021 - Parks & Recreation - 10
November 2021 - Parks & Recreation - 11
November 2021 - Parks & Recreation - 12
November 2021 - Parks & Recreation - 13
November 2021 - Parks & Recreation - 14
November 2021 - Parks & Recreation - 15
November 2021 - Parks & Recreation - 16
November 2021 - Parks & Recreation - 17
November 2021 - Parks & Recreation - 18
November 2021 - Parks & Recreation - 19
November 2021 - Parks & Recreation - 20
November 2021 - Parks & Recreation - 21
November 2021 - Parks & Recreation - 22
November 2021 - Parks & Recreation - 23
November 2021 - Parks & Recreation - 24
November 2021 - Parks & Recreation - 25
November 2021 - Parks & Recreation - 26
November 2021 - Parks & Recreation - 27
November 2021 - Parks & Recreation - 28
November 2021 - Parks & Recreation - 29
November 2021 - Parks & Recreation - 30
November 2021 - Parks & Recreation - 31
November 2021 - Parks & Recreation - 32
November 2021 - Parks & Recreation - 33
November 2021 - Parks & Recreation - 34
November 2021 - Parks & Recreation - 35
November 2021 - Parks & Recreation - 36
November 2021 - Parks & Recreation - 37
November 2021 - Parks & Recreation - 38
November 2021 - Parks & Recreation - 39
November 2021 - Parks & Recreation - 40
November 2021 - Parks & Recreation - 41
November 2021 - Parks & Recreation - 42
November 2021 - Parks & Recreation - 43
November 2021 - Parks & Recreation - 44
November 2021 - Parks & Recreation - 45
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November 2021 - Parks & Recreation - 49
November 2021 - Parks & Recreation - 50
November 2021 - Parks & Recreation - 51
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November 2021 - Parks & Recreation - 55
November 2021 - Parks & Recreation - 56
November 2021 - Parks & Recreation - Cover3
November 2021 - Parks & Recreation - Cover4
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
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https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
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