A federal judge is now considering a request that would immediately turn Ocean City into a topless beach resort.
For more than a year, the Township of Ocean City has been in a legal fight to stop women from going topless on area beaches. While a federal judge mulls over the merits of the case, the plaintiffs have requested a preliminary injunction to allow them (and other women) to enjoy Ocean City's beaches topless until the judge makes his final decision.
It all started when Salisbury resident Chelsea Eline -- an advocate for "top freedom" -- sought clarification from the beach patrol on whether women are allowed to go topless on the beach. Township officials forwarded the inquiry to the Worcester County State Attorney's Office, who, in turn, forwarded it to the Maryland Attorney General's Office. The question was a simple one: in a state like Maryland, where gender discrimination in places of public accommodation is outlawed, can a township or city force women to cover up while men can walk around topless?
Looking to settle the issue itself, Ocean City passed an emergency ordinance in 2017 banning women specifically from walking topless along the beach, boardwalk, or other public areas. This prompted Eline and four other women to file suit, challenging the constitutionality and legality of the township's decision to treat male and female dress codes differently. Traditionally, these sorts of discrimination have been allowed under Maryland's decency statutes. However, those decades-old provisions clearly come into conflict with the more modern definition of gender discrimination
With the case now before a federal court, the plaintiffs have asked for the judge to preliminarily rule in their favor. If a judge believes that a case has merits and is likely to succeed at trial, he or she can issue a preliminary injunction to preserve the plaintiffs' rights as the case snakes its way through the court system. Since the court's ruling is expected to come sometime in 2019 at the earliest, a preliminary injunction would allow the plaintiffs, and all women, to fully exercise their rights in the meantime without worrying about harassment or civil penalties.
Township officials are now scrambling to stop that from happening. They have filed a counter motion, pleading with the judge not to turn Ocean City into a topless resort town.
"[The plaintiffs] 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," the township's motion reads.
What do you think? Should women be allowed to go topless in Ocean City, or does the township have a point here? Let us know in the comment section below!
