Ocean City's Topless Controversy Continues, Town Now Faces Lawsuit

OCEAN CITY, Md. (WZJ) — The fight to bare more skin on Maryland beaches is now an all-out legal battle

Five women intend to fight the ban on bare skin in Ocean City. They've filed a lawsuit against town leaders.

On page one, the lawsuit states women have a legal right to go topless, which is exactly what Ocean City banned back in June.

Now it could be up to a judge to decide if that ban stays in place.

The ban on bare skin in Ocean City has escalated from town ordinance to civil lawsuit.

"It was time that a court decide that the ordinance is unconstitutional," said attorney Devon Jacob.

Jacob is spearheading the case. He has been hired by five women advocating for so-called "top freedom."

Their fight with the popular vacation spot started last October, and has since put the national spotlight on the Eastern Shore, with the topic being discussed on CBS's The Talk.

In June, Ocean City lifeguards were told not to engage with topless women, but then, the rules changed.

"We will not allow women to be topless on our beach or on any public property within the city limits of Ocean City," Ocean City Mayor Rick Meehan said.

The mayor promised to fine female beachgoers who strip down.

He and town leaders put an emergency ordinance on the books to say no one has a constitutional right to go naked in public.

The newly filed lawsuit says that's exactly the right of every woman, and that the ordinance "seeks to unlawfully restrict a woman's freedom because men purportedly cannot control their sexual urges."

"The fact that some people are uncomfortable with change is not a reason to not follow the law," Jacob said.

As of right now, there are no court dates set.

WJZ reached out to Ocean City leaders on Thursday for comment on the lawsuit, and have not heard back.

As the ordinance stands, women caught topless on the beach could face a $1,000 fine.

Mayor Meehan released the following statement:

"The Mayor and City Council firmly believe that Ocean City must continue to be a family resort that does not permit women to be topless on our beaches or in other public areas. As clearly stated in our emergency ordinance passed in June 2017, "there is no constitutional right for an individual to appear in public nude or in a state of nudity. It does not implicate either the First Amendment to the United States Constitution, the right to privacy, or a protected liberty interest. It lacks any communicated value that might call for First Amendment protection.

"We will pursue all available legal options to ensure that this remains the case for the benefit of our residents and the millions of families who visit our town each year."

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