Vote: Are you for or against ordinance 2002-13?

["Muscovites for Equal Rights" <idahomer@hotmail.com>]

Considering no one wants to publically debate us on this issue, considering 
about 30 were in favor and about 130 were against the ordinance when the 
sample survey web site was up, considering Doug Wilson has said he'd be 
happy to suggest we ditch the ordinance,  and considering Doug Jones is not 
a proponant either, I am wondering what your views regarding this ordinance 
are?

Sec. 1-16.	Public Nudity.

A.	 Definitions:
1.	Pubescent or postpubescent female breast.  This shall include the entire 
breast once a female begins puberty and continuing throughout her adult 
life, but shall not include any portion of breast cleavage.
2.	Breast cleavage. The middle depression or furrow between pubescent or 
postpubescent female breasts.  The nipple, the entire areola, and the area 
contiguous to the areola including the cleft between the breast and the body 
below the areola which extends upward toward the arm or underarm is not 
considered cleavage.
3.	Opaque.  Material which is not transparent or translucent.  Body paint, 
body dyes, tattoos, liquid latex whether wet or dried, and similar 
substances shall not be considered opaque covering.

B.	No person shall willfully expose to view or fail to cover completely and 
opaquely any portion of such person's anus, cleft of the buttocks, genitals, 
and the pubescent or postpubescent female breast on or in any public place 
or place open to public view.

C.	Exposure of any portion of a female's breast while she is in the act of 
breastfeeding a baby is not a violation of this Section.

D.	This Section shall not apply to a person who is prepubescent.

The full text is below.

Please email the list whether you are in favor or against the ordinance.  If 
you wish to include reasons, please do.  If you wish to remain annonymous, 
just email our address, not the list.  I will keep your views private.

I'll start:
I am against ordinance 2002-13
Garrett Clevenger



ORDINANCE NO. 2002 - 13

AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF 
IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE 10-1-16; PROHIBITING 
THE EXPOSURE TO PUBLIC VIEW OF CERTAIN PARTS OF THE HUMAN BODY; PROVIDING 
THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR 
THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, 
APPROVAL AND PUBLICATION ACCORDING TO LAW.

WHEREAS, the Council deems that it is in the public interest to regulate the 
public exposure of certain parts of the human body; and

WHEREAS, the Council recognizes that in Moscow there is a distinct, legally 
recognized difference in our current society regarding the public reaction 
to the exhibition of the pubescent and postpubescent male and pubescent and 
postpubescent female breast; and

WHEREAS, many cities across the United States (including Detroit, Michigan; 
Boston, Massachusetts; Houston, Texas; Dallas, Texas; Los Angeles, 
California, and the City of New York, New York) have determined that there 
are unwanted secondary effects related to public display of female breasts; 
and

WHEREAS, the Council believes that it is the Moscow community standard to 
require the coverage of the portions of the body described herein; and

WHEREAS, the Council wishes to prevent assaults on individual privacy and 
intrusion upon those who do not wish to be exposed to parts of the human 
body usually understood and accepted in this community to be private and 
listed herein; and

WHEREAS, the Council believes it should allow for the breastfeeding of 
babies in public; and

WHEREAS, the Council recognizes that the City should not limit willful 
exposure of certain body parts in non-public areas and should respect a 
person’s choice to do so; and

WHEREAS, it is the intent of this Ordinance that the portion of the breast 
which should be covered is that which exposes no part of the nipple,  the 
entire areola, and the area contiguous to the areola including the cleft 
between the breast and the body below the areola which extends upward toward 
the arm or underarm; and

WHEREAS, the Council deems it to be in the community’s best interest to pass 
this Ordinance in an effort to fairly balance a person’s right of 
self-expression, the sense of appropriateness, and style of dress with the 
wishes of other members of the community regarding community mores and 
standards of acceptable behavior in the City of Moscow, Idaho; and

WHEREAS, the Council does not desire to regulate breast cleavage as exposed 
by some articles of women’s clothing including a dress, blouse, shirt, 
leotard, costume, bathing suit, or other such apparel.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 
MOSCOW, IDAHO, AS FOLLOWS:

SECTION 1:    That Moscow City Code Title 10, Chapter 1, Section 16 be, and 
the same is hereby amended as follows:

Sec. 1-16.	Public Nudity.

A.	 Definitions:
1.	Pubescent or postpubescent female breast.  This shall include the entire 
breast once a female begins puberty and continuing throughout her adult 
life, but shall not include any portion of breast cleavage.
2.	Breast cleavage. The middle depression or furrow between pubescent or 
postpubescent female breasts.  The nipple, the entire areola, and the area 
contiguous to the areola including the cleft between the breast and the body 
below the areola which extends upward toward the arm or underarm is not 
considered cleavage.
3.	Opaque.  Material which is not transparent or translucent.  Body paint, 
body dyes, tattoos, liquid latex whether wet or dried, and similar 
substances shall not be considered opaque covering.

B.	No person shall willfully expose to view or fail to cover completely and 
opaquely any portion of such person's anus, cleft of the buttocks, genitals, 
and the pubescent or postpubescent female breast on or in any public place 
or place open to public view.

C.	Exposure of any portion of a female's breast while she is in the act of 
breastfeeding a baby is not a violation of this Section.

D.	This Section shall not apply to a person who is prepubescent.

SECTION 2:  SEVERABILITY.  Provisions of this Ordinance shall be deemed 
severable and the invalidity of any provision of this Ordinance shall not 
affect the validity of remaining provisions.  The remaining sections of 
Title 10 shall remain in full force and effect.

SECTION 3:	EFFECT ON OTHER ORDINANCES
Where the definitions contained in this Ordinance are in conflict with 
relevant portions of the City of Moscow, Idaho, Municipal Code, the 
definition contained within those portions of the Moscow Municipal Code will 
be unaffected until such time, if any, as they are amended to be consistent 
with this Ordinance.

SECTION 4:	EFFECTIVE DATE.  This Ordinance shall be effective upon its 
passage, approval, and publication according to law.
PASSED by the City Council and APPROVED by the Mayor this 15th day of July, 
2002





_________________________________________________________________
MSN Photos is the easiest way to share and print your photos: 
http://photos.msn.com/support/worldwide.aspx