By Journalist Gabriela Dimova (ORU)
Today, in the House chambers, Senator Gardner (OBU) presented a bill to all Representatives called “Free the Nipple” in amending 21 O.S. §1040.55 (A)(4). The policy describes men and women as having the right to be topless and the right to expose their breasts in public. And how being topless in public is a form of expression that is guaranteed and protected as a right. It further explains that private establishments may enforce a dress code on patrons so long as the code treats men and women equally and does not prevent mothers from breastfeeding. Expanding on this right, any person may be topless in any location where they are otherwise authorized to be. Toplessness shall not violate any provision of §21-1021 of the Oklahoma Statutes. This amendment strikes out any female breast with less than a fully opaque covering or any part of the nipple.
Senator Gardner said, “My ultimate goal was to clear up the confusion that has been held, like Oklahoma, in our federal district ever since Free the Nipple vs. Fort Collins.”
In 2017, the Fort Collins City Council passed an ordinance that imposes no restrictions on male toplessness but prohibits women from baring their breasts below the areola. Free the Nipple-Fort Collins had sued the city in federal court, claiming the ordinance violates the Equal Protection Clause of the U.S. Constitution. The district court agreed. Free the Nipple-Fort Collins had sued the city in federal court, claiming the ordinance violates the Equal Protection Clause of the U.S. Constitution. The district court agreed.
Currently, there are no laws in the books that give men or women the right to free their nipples. Senator Gardner brought to attention that Oklahoma does not specify or clarify the question.
Senator Gardner states, “It really is unconstitutional.”
The Delegates brought up various comments regarding the proposal.
Representative Gilmore (OSU) said, “I think it is an amazing bill. But I do have one concern. The safety of women all over Oklahoma who choose to do so.”
With no worries, Representative Jimenez states, “They should let women do whatever they want. I believe it should pass.”
In similarity, Representative Rodriguez says, “I completely agree with this bill. We all have equal rights, and if they want to free the nipple, let them.”
With the legislation passed in the Senate, it passed this afternoon in the House unanimously.