February 20, 2019 Practice Points

Colorado Breast-Baring Ordinance Likely Unconstitutional

The Tenth Circuit upheld an injunction, which prohibits the City of Fort Collins, Colorado, from enforcing an ordinance that prohibits women from baring their breasts, but not men.

By Sanford Hausler

The Tenth Circuit upheld an injunction, which prohibits the City of Fort Collins, Colorado, from enforcing an ordinance that prohibits women from baring their breasts, but not men. The court said that the ordinance was likely unconstitutional under the Equal Protection Clause. The case has been remanded to the district court for further proceedings.

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.


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