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Accordingly, we agree with the trial court that the City had the authority to enact the ordinance. In a dissenting opinion, Associate Justice James P. Hicks concluded the ordinance was unconstitutional because it treats men and women differently.

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Heidi Lilley, Kia Sinclair and Ginger Pierro are part of the Free the Nipple campaign — a global campaign advocating for the rights of women to go topless. They were arrested in after removing their tops at a beach in Laconia and refusing to put them on when beachgoers complained. Pierro was doing yoga, while the two others were sunbathing. Hynes said he would have to talk to the women about their next step, including possibly appealing the ruling to the U.

Supreme Court.

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Gilles Bissonnette, the legal director at the ACLU of New Hampshire, which filed an amicus brief in the case, said he was disappointed with the ruling. It had argued the city was trying to avoid public disturbances and that it narrowly tailored the law to requiring only the covering of nipples — not requiring women to wear shirts.

It questioned the First Amendment argument.

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The ruling is the latest setback for the movement, which has had mixed success fighting similar ordinances in other parts of the country. Ina public nudity ban in San Francisco was also upheld by a federal court. But in Februarya federal judge blocked the city of Fort Collins, Colorado, from enforcing a law against women going topless, arguing it was based on gender discrimination. On Friday, Feb. In a ruling, the court found Laconia's ordinance does not discriminate on the basis of gender or violate the women's right to free speech.

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Ray Duckler: When you free the nipple, you're not always free to go