As word spreads of a topless sit-in at Hampton Beach by supporters of the “Free the Nipple” movement, local and state officials say they’re only just beginning to learn that state law does not directly prohibit a woman from showing her breasts in public.
The sit-in, scheduled for Aug. 23 at Hampton Beach and organized by Heidi Lilley, 54, of Gilford, and Kia Sinclair, 23, of Danbury, is meant to combat the over-sexualization of the female nipple, the women say. The two are organizing through the Facebook group called "Free the Nipple in New Hampshire."
Lilley and Sinclair are proponents of a global push to change public perception of women's breasts. The movement was inspired by a 2014 film called “Free the Nipple.” The film follows a group of young women who take to the streets of New York City topless, according to the official movie website, protesting the “archaic censorship laws in the United States.”
Lilley and Sinclair said they picked Aug. 23 because it falls on GoTopless Day, followed by Women’s Equality Day a week later. They picked Hampton Beach because it is highly visible.
“Really it’s us exercising our right to go topless,” Sinclair said. “We want to encourage as many women (and men) to come and support us, whether that is in Hampton specifically or anywhere in New Hampshire.”
Some officials expressed outrage over “Free the Nipple,” though. Hampton Beach Village District Marketing Director John Kane said he was “absolutely against it" and that it was detrimental to Hampton Beach’s status as a “family resort.”
Chuck Rage, chairman of the Hampton Beach Village District commissioners, said Thursday “there must be a law” that prohibits toplessness for women.
However, that’s not the case.
New Hampshire law states “a person is guilty of a misdemeanor if such person fornicates, exposes his or her genitals, or performs any other act of gross lewdness under circumstances which he or she should know will likely cause affront or alarm,” according to RSA 645.
Women’s breasts are not mentioned.
Amy Bassett, spokesperson for the state's Department of Parks and Recreation, said her department is “just evaluating this.” She said the parks division is still unclear on the law because it does not mention breasts.
Hampton Beach Lifeguard Chief Jimmy Donahue, who has worked at the beach for more than 50 years, said his lifeguards have seen topless women in the past, but in instances that involved him directly, he said lifeguards have “asked people to keep their tops on.” He said toplessness is “rare.” It never occurred to him until this week that showing nipples was legal for women, he said.
“In the past, we’ve asked people to keep their tops on,” Donahue said.
Ordinances in some towns have been put in place to prohibit women from taking their tops off. That’s the case in Laconia, where it’s a $250 fine for first time offenders, $500 for second-time and $1,000 for a third. The law was enacted in the last 15 years to address women removing their tops during the town’s annual Bike Week, Sgt. Gary Hubbard said. Under the law, “stickies,” which only cover a woman’s nipple, are not considered nudity, Hubbard said.
However, Hampton Beach is state-owned, and the town can make no change to ban toplessness there via ordinance. Bassett said State Parks is sovereign on the beach.
Hampton Town Manager Fred Welch said the only way for female nipple exposure to become a misdemeanor offense would be by way of legislation.
Lilley and Sinclair said they have suffered ridicule for their views. Sinclair said she's heard several jokes about her breastfeeding her child in front of people, which makes her uncomfortable.
Lilley said she was not taken seriously when she called Welch’s office last week asking if she could legally sit topless at Hampton Beach.
“Laughter,” Lilley said of the response.
But "Free the Nipple" is no joke to these women, even in the face of being ostracized.
“I lost a good friend to this,” Lilley said. “Absolutely doesn’t agree with my philosophy on this. It has not changed my passion for this.”
Supporters of the movement are identifying with a similar protest from more than 80 years ago, that time put on by men. In 1934, four men were arrested and fined one dollar each for going shirtless at Coney Island, N.Y. Three years later, New York state passed a law allowing men to go shirtless.
Not all officials are overly concerned about "Free the Nipple." Town Manager Fred Welch said Thursday the issue was "not a big deal."
Selectman Mary-Louise Woolsey said she’s open-minded about the cause. This is how laws and cultural perception have changed in the past, she said.
“People are people, and I guess that's how things are changed and how progress is made, and how you allow women to end up getting to vote and how society evolves,” Woolsey said. “Who is going to get hysterically excited about whether someone wears a shirt or not?”
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