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The appeal was heard by a three-judge panel on November 1, 2016.
On May 20, 2017, Captain Butch Arbin, head of the Ocean City Beach Patrol instructed workers to document complaints of toplessness, but not approach topless women, even if the complainants requested it.
She is also suing for constitutional violations, gender discrimination and violations of federal civil rights laws.
The Venice Beach neighborhood of Los Angeles, in 1974, was home to a nudist colony that scandalized the community, attracted cameras and spurred LA to ban nudity.
In the United States, states have primary jurisdiction in matters of public morality.
The topfreedom movement has claimed success in a few instances in persuading some state and federal courts to overturn some state laws on the basis of sex discrimination or equal protection, arguing that a woman should be free to expose her chest in any context in which a man can expose his.
In addition, topfreedom advocates seek allowing nursing mothers to openly breastfeed in public, and women to bathe topless.
Proponents of topless sunbathing vowed to continue their fight.Tagami filed a federal lawsuit challenging the ordinance but the trial judge dismissed the case without a trial.She then appealed the dismissal to the United States Court of Appeals for the Seventh Circuit.Because the judge decided "the town lacked authority for a prosecution because there is no state law that prohibits the exposure of female breasts in public," and the town "lacked authority for a criminal prosecution that's neither prohibited by the criminal code nor by statute," a bill to ban women from exposing their nipples in public was introduced.The bill would make it a misdemeanor for women to show their breasts or nipples in public with "reckless disregard" for whether it would offend someone.