TRENTON — A New York City woman fighting for her right to leave her shirt at home and go topless in public must cover up while in New Jersey, a state appeals panel ruled today. Phoenix Feeley, 31, was twice arrested and charged by Spring Lake police in 2008 after she refused to put on a shirt while sunbathing...
Phoenix Feeley goes topless at Coney Island in this photo. TRENTON — A New York City woman fighting for her right to leave her shirt at home and go topless in public must cover up while in New Jersey, a state appeals panel ruled today.
Phoenix Feeley, 31, was twice arrested and charged by Spring Lake police in 2008 after she refused to put on a shirt while sunbathing at a beach, and then again took off a shirt given to her by police after being released.
She appealed the charges, arguing that if men are allowed to be in public without a shirt, women should be allowed to be in public without a shirt as well. But the court disagreed.
In their ruling, the judges argued there was no constitutional right for women to appear topless at a public beach, and that covering the female breast is important to safeguard "the public's moral sensibilities."
Feeley is no stranger to top-free controversy. In 2005, she was arrested in New York City for walking down a street without a shirt. She sued the city, pointing to a New York Supreme Court ruling saying woman can go topless in public. The city later paid her $29,000 to settle the suit.