ACLU joins lawsuit challenging Springfield exposure law

SPRINGFIELD, Mo. -- The American Civil Liberties Union has filed a lawsuit challenging an indecent exposure ordinance in Springfield on behalf of two women who organized a topless demonstration to protest laws that they say unfairly target women.

The ACLU of Missouri argues in the lawsuit filed Monday in federal court in Springfield the new ordinance violates the First Amendment, due process and equal protection, and it conflicts with state law, The Springfield News-Leader reported.

The two Springfield women, Jessica Lawson and Amber Hutchison, are affiliated with an organization called "Free the Nipple," which held a topless rally this summer to dispute a city ordinance on exposure. After that rally, the city council passed a stricter ordinance that requires most of the female breast and all buttocks to be covered.

The ACLU lawsuit argues the new ordinance criminalizes free expression by women and subjects them to "inferior legal status." The lawsuit seeks an injunction to stop its enforcement.

"It is not unusual that a protest makes some people uncomfortable," Tony Rothert, legal director of the ACLU of Missouri said in a statement. "But a city cannot target a protest it finds offensive by making that expressive activity illegal."

Springfield Mayor Bob Stephens, who had already asked a committee to consider changing the law before learning of the lawsuit, said he thought a challenge might be filed.

"I can't speak for everyone on council, but I wasn't surprised," Stephens said.

Councilman Justin Burnett, who proposed the new ordinance, said it was patterned after other municipal measures.

"Challenges to indecent exposure laws under the disguise of First and 14th amendment protections have repeatedly been rejected by the courts," Burnett said. "Repealing this law would subject families to public nudity, jeopardize our local economy and is blatantly irresponsible."

City attorney Dan Wichmer said he questions whether the ACLU had standing to challenge the ordinance, which has not been actively enforced.

"We haven't cited anybody," he said.

Information from: Springfield News-Leader, http://www.news-leader.com