U.S. District Judge James Bredar signals he may side with Ocean City on its topless beach ban ... at least for now.
In June, a group of women suing Ocean City over its ban on topless women on the beach filed a motion in federal court seeking a preliminary injunction. Since the trial will likely not be decided on the merits until sometime next year, a preliminary injunction would bar the township from enforcing its topless ban until the lawsuit concludes.
U.S. District Judge James Bredar has scheduled the first hearing on their preliminary injunction motion for September 21. However, some are reading into his memorandum and believe he may be poised to side with the township on this issue, at least in these early stages.
The fundamental issue of the case is whether Ocean City's prohibition against women going topless in public violates their rights to equal protection under the United States Constitution and under Maryland's equality laws. The lawsuit challenges the fact that the Township of Ocean City allows men to walk on the beach and boardwalk topless, but applies a different standard to women.
Township officials have argued that this statute is necessary to maintain Ocean City's image as a family resort destination. Ocean City has told the court that the plaintiffs in this case "seek to disrupt the character and moral balance of a historically family-oriented tourist destination, visited and enjoyed by so many people whose expectations and sensibilities do not contemplate and likely will not tolerate nudity in such a densely-populated and wholesome tourist setting as Ocean City and its beaches."
After scheduling the hearing on this motion, Judge Bredar released a memo detailing the specific topics and precedent he wishes to discuss with both sides. His memo includes a reference to a Virginia case -- United States v. Biocic -- where the court found there was no constitutional violation in the local county's ban. Though far from an official opinion or ruling, the cases that the judge includes, as well as his tone, seem to indicate he is more inclined to side with the township and presume the ban lawful.
"The Ocean City ordinance at issue sets forth various legislative findings including protecting the public sensibilities is an important government interest based on an indisputable difference between the sexes,” the judge writes in a memo just released. “Further, a prohibition against females baring their breasts in public, although not offensive to everyone, is still seen by society as unpalatable."
The judge is inviting both sides to present evidence at the late-September hearing on "whether public sensibilities are accurately reflected or not in the Ocean City ordinance." In order for the judge to grant the preliminary injunction, he must be convinced that the plaintiffs suing the Township of Ocean City have a reasonable chance of winning their case.
Many visitors have weighed in on the issue on social media and have threatened to schedule their family vacations elsewhere if Ocean City becomes a topless resort. Homeowners also worry what lifting the topless ban would hurt their real estate and property values.
What about you? Will you still go to Ocean City if it becomes a topless resort town? Let us know in the comment section below!
