Public Nudity - Our Community

["John Guyer" <johnguy@moscow.com>]

Greetings,

Pam Palmer Wrote:
"It does not refer to pubescent, except when referring to female breasts
(see below).  So far, I have not seen any "cleft of the buttocks" and
"genitals" exemptions for prepubescent people, so infants & toddlers
seem to be fair game for committing misdemeanors according to the
Council's new ordinance."
---
Pam is correct in one sense.  There are no specific exemptions for the
prepubescent in exposing genitals.  This is not new.  This section of
the code was not amended.  I do not have the history in front of me, but
it has been on the books for a very long time (even while Pam herself
was on the council).  Neither is it unprecedented to not specifically
include the exemption.  The language here is lifted straight from the
Idaho Code, which I understand would pre-empt our code, even if we did
provide it (http://www3.state.id.us/cgi-bin/newidst?sctid=180410016.K).

I would like to use this opportunity to draw your attention to that fact
that we have NOT had local nor state police rounding up parents changing
diapers, nor our young when they "violate" the ordinance or statute in
this regard.  I, for one, do not expect that to change.  We do have
common sense peace officers.

I understand that there is a group of people upset by this amendment.  I
regret that some find it troubling.  While I believe an ordinance is the
right thing for our community I find that the current threads on V2020
are not helping.  When several people testified that we, as a council,
have more important things to deal with, I completely agreed. However, I
also recognize that we have an obligation to spend the time to handle
the issues that divide the community.  This one is dividing us.   

Putting the community through the referendum process is not going to
bring us together.  Rehashing this will continue to divide us.  Did you
not believe your own testimony?  While I am not directly discouraging
you from pursuing your rights, I would ask you to please consider, as
did we as a council, what impact your actions will have.  Will the
campaign on both sides of the issue bring us together?  Will the
community ever be the same after the heated campaign?

In either case, I would encourage each of you, whether you like this
ordinance or not to do a little research on municipal and state codes.
You may be surprised to find that while ours is unique (in that it
allows for center cleavage), it is not unprecedented.  Indeed, it is
very common.  One young lady (to remain nameless here) came to us and
testified that she had taken her shirt off all over this country.
Moscow was the first place where she found it legal.

In summary, I would ask you to please consider a helpful phrase that I
use regularly in my own life:  Just because you can, doesn't mean you
should.

John B. Guyer
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johnguy@moscow.com
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