In emergency move, Ocean City, Md., bans bare breasts on beaches

OCEAN CITY, Md. — Ocean City's Town Council clearly prohibited women appearing topless on the beach during an emergency session Saturday.

The newly refined ordinance states “there is no constitutional right for an individual to appear in public nude or in a state of nudity."

The ordinance further states that, "Whatever personal right one has to be nude or in a state of nudity, that right becomes subject to government interest and regulation when one seeks to exercise it in public.”

Unanimously passed by the council, the new ordinance took effect immediately, clarifying that anyone showing “the female breast with less than a fully opaque covering,” would be violating the law –– and subject to a fine of up to $1,000.

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Ocean City Mayor Richard Meehan said the emergency ordinance was a response to “hundreds of calls and emails from residents and visitors, expressing their concerns over this issue.”

The town points to misinformation in some media reports and social media postings that recently went viral. 

Meehan said revising the ordinance in an emergency session Saturday afternoon was necessary to provide clarity on the town's position.

“Each year, thousands of families visit our beach to relax in an atmosphere free of this type of activity. We respect their rights,” he said.

“We will not allow women to be topless on our beach or on any public property within the city limits. We have never been a topless beach and we will not become a topless beach.”

A town spokesperson explained that the ordinance would have no bearing on breastfeeding.

The question began last summer when the beach patrol was contacted by an Eastern Shore resident, Chelsea Covington, who believed it was her legal right to bare her chest on the Ocean City beach.

Covington is an advocate for “top freedom,” the belief that women should be able to appear topless in public, as do men.

The issue over toplessness was previously sent to Worcester County State’s Attorney Beau Oglesby, who then sent a request for an opinion from the Maryland Attorney General.

However, the attorney general’s opinion would be overruled by this ordinance should the two contradict one another, the mayor said.

“This order would still apply in the Town of Ocean City unless it were challenged in court,” Meehan said. “This is the ordinance that we’re going to enforce in the town.”

Covington noted that  federal courts elsewhere in the country have ruled against similar laws.

"Ocean City seems to feel that the Constitution does not apply to them, but a high court will decide," she said.

Article 46 of the Maryland Constitution states the law cannot give preferential treatment on the basis of sex or gender.

With no official word at the start of the tourism season from the state attorney general's office, the beach patrol issued a memo June 6 to instruct lifeguards on how to deal with a potential complaint.

Town spokeswoman Jessica Waters said the "intent of the policy that is being reported on was strictly for our Beach Patrol employees. Lifeguards in Ocean City are expected to have their eyes on the ocean, as the safety of our swimmers is their first priority."

The town's police department would respond to calls of topless complaints, Waters said. 

Carol Larkin, 70, of Ocean City, spoke in favor of the ordinance immediately prior to the council’s vote.

She said she specifically bought a house in Ocean City so that she could bring her grandchildren to the beach there.

“I’d be ashamed to go on the beach,” she said. “I’m not a prude, but there’s a time and a place for that. If people choose that, God bless them, but this is supposed to be a family resort and I really want to retire and pass away here.”