A Colorado federal judge ruled today on the City of Fort Collins’ motion to dismiss a lawsuit challenging the legality of the City’s public nudity ordinance.
The City’s nudity ordinance prohibits women from exposing their breasts while in certain public places.
The suit challenges this prohibition on the basis that it violates a woman’s constitutional rights to free speech under the First Amendment, to equal protection under the Fourteenth Amendment and under Colorado’s Equal Rights Amendment (ERA).
In his order, Judge Brooke Jackson granted the City’s motion in part by dismissing the plaintiffs’ First Amendment claim, but declined to dismiss their Fourteenth Amendment and ERA claims at this stage in the proceedings.
“The City is glad to see that the Judge has narrowed the issues in this case by dismissing the First Amendment claim,” said City Attorney Carrie Daggett. “As the case moves forward to the hearing on the motion for preliminary injunction, we look forward to the opportunity to present evidence supporting the City’s position that the other two claims are also without merit.”
The preliminary injunction hearing, scheduled on December 19, 2016, will be held for the Court to decide whether to issue a preliminary injunction on the basis of the plaintiffs’ two remaining claims. This Order does not lessen the City’s chances of ultimately prevailing in this lawsuit, but does delay the Court’s final decision until after evidentiary proceedings are conducted.