Topless case off

By Amaris Elliott-Engel / The Citizen

Thursday, November 3, 2005 9:49 AM EST

Moravia's topless hullabaloo is over following the official dismissal of charges brought against four women for baring their breasts in the village Aug. 11.
Moravia Village Justice June Shepardson on Tuesday granted defense attorney Charles Marangola's motion to dismiss the case.

Carol Clarke, 54, of Branchport; Barbara Crumb, 61, of Branchport; Claudia Kellersch, 40, of La Jolla, Calif.; and Madeline McPherson, 40, of Rochester, in town for a nudist convention, were arrested following their attempt to eat lunch at a shop at the intersection of routes 38 and 38A.

Shepardson dismissed the case following the Cayuga County District Attorney's Office decision in September that the facts of the case did not meet the state's legal criteria that woman can only be barred from going topless in public places men are allowed to if it affects commerce.

“There are always social implications for cases,” Marangola said. “But the law is the law. That's the most important point for this case. Until such time as the law changes, people shouldn't be arrested for something that was legal.” In 1992, a state court of appeals ruled women can remove their tops in public places men are allowed to as long as it is not for commercial purposes. Marangola also wondered why his clients' exposure of their breasts was so offensive when there is social acceptance of the exposure of some portion of women's breasts when wearing bikinis or cocktail dresses.

showing extensive cleavage.

“There are different messages being sent in our culture. They seem somewhat inconsistent,” he said.

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