Blaine considers nudity ban at beach after court ruling allowing exposed breasts

Blaine may ban nudity at its city beach and parks in response to the Minnesota Supreme Court ruling that it’s legal for a woman to expose her breasts as long as she is not engaged in sexual activity.

Council Member Leslie Larson first proposed the ordinance, saying a couple of residents voiced concerns that the opinion by the state’s high court could lead to women going topless at Lakeside Commons Park in northern Blaine and sully the family-friendly environment. Council members on Wednesday agreed to move forward with considering a ban, in a conversation that officials acknowledged was a bit awkward at times as they debated which body parts to include in the definition of nudity.

“This is much less comfortable to talk about than boardwalks,” Blaine Police Chief Brian Podany said, referencing the conversation about park improvements the council had earlier in the meeting.

Blaine could be the first city in the Twin Cities metro to take such action after the high-profile Minnesota Supreme Court’s decision that there is nothing inherently lewd or indecent about a woman having her breasts out in public. The Ramsey City Council also previously discussed the implications of the court opinion, but decided against any new rules because the city already has an ordinance prohibiting “lewd conduct” in public, including the display of genitalia and female breasts.

In 2021, the Rochester Police Department charged Eloisa Plancarte with misdemeanor indecent exposure for willfully and lewdly exposing her private parts. Officers arrested the woman after she was walking around a gas station parking lot with her chest exposed. Plancarte challenged the charge, and the state Supreme Court sided with her in overturning District Court and Court of Appeals decisions.

The opinion written by Justice Karl Procaccini ruled that Plancarte’s conduct was not of a sexual nature, so it was not lewd under Minnesota’s indecent exposure statute.

At Wednesday’s meeting, Podany said the city could model its ban after a longstanding ordinance in the city of Edina prohibiting nudity in certain places. He said legal counsel determined there is enough leeway in the court decision for the city to pass restrictions on toplessness.

“The good news is we haven’t had any complaints this year,” the police chief said of nudity at the beach. “And it’s getting cold enough now that I think we won’t.”

Larson said she was pleased to hear it hasn’t been an issue yet, adding, “We do have a large public beach in our city and we didn’t know how that was going to go.”

“I, in general, view this topic as a slippery slope,” Larson said, worried eventually it’ll be allowed for a man to “show his parts.”

Podany suggested that Blaine make a couple of tweaks to Edina’s ordinance, including removing displaying “buttocks” from the definition of nudity, since today’s swimsuit styles often leave rears more in view.

“I’m not trying to be the moral police; I’m just telling you what the reality is right now,” he said.

Council Member Chris Massoglia said he would be fine with passing an ordinance, especially since some other cities already have nudity restrictions in place. He said he “didn’t want Blaine to become the test case,” for a challenge by nudist rights activists.