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 | | From: | bandd at lawyer.com | | Subject: | Will California Be Topfree? | | Date: | 22 Jan 2005 12:46:02 -0800 |
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 | Woman Promotes the Right to Go Topless
An attorney crusades to change the law because it treats male and
female sunbathers differently. A ruling in a Megan's Law case adds
urgency.
By Robert Salladay
Times Staff Writer
January 22, 2005
SACRAMENTO - As a Ventura County public defender, Liana Johnsson has
handled many life-changing cases, but her biggest public crusade these
days has been going topless.
For months, Johnsson has been fighting to allow topless women at
California beaches and parks, and now the issue has made its way to the
Capitol.
A group of lawyers, at Johnsson's request, has asked the Legislature to
make topless sunbathing legal, saying the ban is the last criminal
sanction that treats women differently than men.
The new movement has urgency: Because of a December court ruling,
Johnsson and other attorneys contend, women convicted of indecent
exposure could find themselves listed as offenders under Megan's
Law, alongside rapists and child molesters.
"At some point, men's breasts became liberated and women's didn't,"
Johnsson said Friday. "This is the only thing left that men are legally
allowed to do and, for women, they have to register as a offender.
The real issue is there should be equal protection under the law."
The office of state Atty. Gen. Bill Lockyer said women should not be
concerned about being identified as offenders, given that
California law considers topless sunbathing to be indecent but not
lewd. Lawmakers may soon be tackling the issue to remove any chance of
misinterpretation by local prosecutors.
Before her idea reached Sacramento this week, Johnsson presented her
arguments to more than 400 delegates at an October bar association
convention. She flashed images on a screen of the big-breasted male
evildoer from "Austin Powers: The Spy Who Shagged Me," as she spoke.
Johnsson - who wears a pink badge that reads, "I support breast
equality" - also has produced a two-minute video featuring obese men
with large breasts lounging on California beaches, proof, she said,
that the law is not applied equally to men and women, as required by
the U.S. Constitution.
After a bit of tittering followed by a plea to protect children, the
lawyers' group approved a resolution asking that the criminal codes
forbidding topless sunbathing be removed. Lobbyists for the Conference
of Delegates of California Bar Associations said they expect a lawmaker
next week to introduce the bill Johnsson seeks, although an author and
details of the proposal have not been decided.
The issue goes beyond topless sunbathing. The conference lobbyist,
Randy Perry with Aaron Read & Associates, questioned whether fraternity
boys mooning out a car window or golfers caught urinating in the woods
would also be required to register as offenders now, if convicted
of indecent exposure.
"What we're talking about is common sense," said Perry.
He noted that since California legalized public breastfeeding in 1998,
the only area of the law exclusively targeting women has been topless
sunbathing.
Perry said the 2005 bill would either exempt topless women from Megan's
Law, make topless sunbathing an infraction instead of a misdemeanor or
let judges decide whether to require offender registration.
In an Orange County case last month, a state Court of Appeal ruled that
anyone convicted of misdemeanor indecent exposure must be listed as a
offender under Megan's Law. The databank recently was placed on the
Internet, so people can search it for offenders.
The court said including indecent exposure offenders is not cruel and
unusual punishment because Megan's Law is not technically a
"punishment" but simply a regulatory tool. Lawyers in the case said
trial judges and prosecutors should have the discretion to decide, but
the court took that away.
"Can you imagine the burden on police to now have to track all these
people?" asked Carol E. Lavacot, the Orange County public defender who
challenged the ruling in the 4th Appellate District. "It's a way
overboard decision."
It's extremely rare for women to be convicted of misdemeanor indecent
exposure for going topless or, as the law currently reads, exposing
"any portion of the breast at or below the upper edge of the areola of
any female person."
Officials at the California Department of Parks and Recreation say it
has not been a priority for them to cite women at its 278 parks and
beaches. California has dozens of unofficially designated nude beaches
and rivers, including the popular Black's Beach near San Diego, where
people lie about in the nude, mostly without interference from police
or rangers.
"Our rangers - how can I put this? - are very busy," said Joe
Rosato, a parks department spokesman. "It's a low, low priority.
Instead, what the rangers do is ask the women to put their tops on, and
usually it's 100%. If there are any indecent exposures, it's more of a
flasher or someone jumping out of bush exposing themselves."
For its part, the state attorney general's office said Megan's Law
would apply only if the woman has "lewd intent" - and topless
sunbathing is not normally considered lewd. In addition, they said, a
misdemeanor conviction for indecent exposure requires only registration
under Megan's Law, not public disclosure on the new government
websites.
The office of Gov. Arnold Schwarzenegger declined to comment on the
possible legislation, and it was unclear if the governor would rank
this effort as one of the "silly" bills he says the Legislature often
dreams up. "You've got to be kidding me," spokeswoman Margita Thompson
said in an e-mail when asked to comment.
The legislation probably faces a fight. Lawmakers in California have
been eager to expand Megan's Law, not carve out exemptions.
Randy Thomasson, president of Campaign for Children and Families,
called it a "loopy idea" at a time when California needs to strengthen
laws against public nudity.
"We already have too many ual assaults in society. This will fuel
that fire, and if the women don't understand, that's because they don't
think like a man," Thomasson said.
But Johnsson countered the notion that "if you allow topless sunbathing
on state beaches ... civilization will collapse. I tried to show that
we have faced these same fears, like when we gave women the right to
vote and enter the armed forces, and we have survived."
Copyright =A9 2005, The Los Angeles Times
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| | From: | Lowteck | | Subject: | Re: Will California Be Topfree? | | Date: | Sat, 22 Jan 2005 22:12:21 -0600 |
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| >We already have too many ual assaults in society. This will fuel
>that fire, and if the women don't understand, that's because they don't
>think like a man," Thomasson said.
>But Johnsson countered the notion that "if you allow topless >sunbathing
>on state beaches ... civilization will collapse. I tried to show that
>we have faced these same fears, like when we gave women the right >to vote
>and enter the armed forces, and we have survived."
Copyright © 2005, The Los Angeles Times
One reason I would like to be 20 something again is to be alive when the
conservatives in the US thump their collective heads and see that topless
and even nude women on public beaches is no big deal
This is where the Europeans have it all over us.
JB
I
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| | From: | Dario Western | | Subject: | Re: Will California Be Topfree? | | Date: | Mon, 24 Jan 2005 08:35:42 +1000 |
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| What an absolute idiot. Sexual assault has **NOTHING** to do with the woman
being naked or topless.
As a man, I think it is disgusting that people like him are even allowed to
be in power. Women are FAR more at risk of being ually assaulted when
they are fully or partially dressed than if they are just plain naked.
Dario Western
"Lowteck" wrote in message
news:z5mdnbq626W6uW7cRVn-3g@comcast.com...
> >We already have too many ual assaults in society. This will fuel
> >that fire, and if the women don't understand, that's because they don't
> >think like a man," Thomasson said.
>
> >But Johnsson countered the notion that "if you allow topless >sunbathing
> >on state beaches ... civilization will collapse. I tried to show that
> >we have faced these same fears, like when we gave women the right >to
vote
> >and enter the armed forces, and we have survived."
> Copyright © 2005, The Los Angeles Times
>
> One reason I would like to be 20 something again is to be alive when the
> conservatives in the US thump their collective heads and see that topless
> and even nude women on public beaches is no big deal
> This is where the Europeans have it all over us.
> JB
>
> I
>
>
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| | From: | bandd at lawyer.com | | Subject: | Re: Will California Be Topfree? | | Date: | 23 Jan 2005 06:29:41 -0800 |
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| JB - Why do you want to split Americans into "conservatatives" and
whatever you call those "non-conservatives" (your identification of
them is unstated, but I presume you belong) ?
I might be a stauch "fan" of the First Amendment, and a nudist for 30+
years, but I am a Republican who the last time I voted for a
non-Republican for President was Carter's second run, and likes Dennis
Miller, Clarence Thomas and (oh, no!) Rush Limbaugh!
And I hope and pray (yes, I pray!) that before I die, "topless
and even nude women on public beaches [will be] no big deal." Gee
....that's the same as you want!
Let's just be nudists that have our goal of topfreedom/clothing
optional beaches, at least.
Dean
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| | From: | Molly Wilson | | Subject: | Re: Will California Be Topfree? | | Date: | Sun, 23 Jan 2005 09:28:44 -0600 |
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| bandd.....you and i have been voting for the same presidents for a few
years and i have noticed something about liberals ....the liberals will
vote for a liberal regardless of character flaws....but jimmy carter was
put in office because the honest republicans were outraged at nixon
because of his lying behavior and wanted to send a message to the
republicans to get their act straight.....it cost them four years
....but they learned there is a price to pay.....jonZeee
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| | From: | Sylvia | | Subject: | Re: Will California Be Topfree? | | Date: | Sun, 23 Jan 2005 16:08:32 +1100 |
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bandd@lawyer.com quoted:
> Randy Thomasson, president of Campaign for Children and Families,
> called it a "loopy idea" at a time when California needs to strengthen
> laws against public nudity.
>
> "We already have too many ual assaults in society. This will fuel
> that fire, and if the women don't understand, that's because they don't
> think like a man," Thomasson said.
Give someone enough rope....
I believe he's made it pretty clear how he thinks about breasts. My
recommendation would be that the state lock him up now, before he loses
control of himself.
Sylvia.
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