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October 26, 2007 -

Rational and Reasoned

Normally the dress-code posts here tend to be about draconian proposed laws concerning claims of public indecency, so I’m happy to link here to a rational and reasoned editorial supporting a proposed skinny-dipping ordinance in the Brattleboro Reformer (Vermont).

We do not believe nudity is a public safety issue. We do not believe that the Brattleboro police will be indiscriminately using Tasers and pepper spray to subdue naked people. That said, we think the so-called “Leahy language” ordinance regarding public nudity is a reasonable balance between public decorum and civil liberties.

In 1971, when Patrick Leahy was the Chittenden County State’s Attorney, the future U.S. Senator was confronted with questions about the legality of “skinny-dipping.” Leahy proposed that nude bathing in public or semi-public area be prohibited. If a police officer received a complaint, Leahy wrote, the officer should first order the naked bather to put on some clothes. If the person refused, he would be cited. On private land or in more secluded areas, “the State has no legitimate interest and swimmers should be left alone,” Leahy wrote.

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