Citing a 1985 state appeals court ruling stating that nudity laws don't apply in cases of protest, [Multnomah County judge David] Rees said, "It is the speech itself that the state is seeking to punish, and that it cannot do...."From a legal standpoint, I have a few questions. Is Rees saying that the state only prosecuted him because he was expressing an opinion via nakedness or that a consistently applied anti-nakedness law must have an exception for people who want to use nakedness as a way of expressing an opinion? Also, if a city allows one naked protest, does that mean — under Oregon law — that people can take their clothes off anywhere — in Oregon — as long as they're trying to say something via nakedness?
Brennan said he knew he wasn't breaking the law when he dropped trou partly from his experience riding in Rose City's annual Naked Bike Ride, during which Portland cops traditionally look the other way....
"The irony that they want to see me naked, but I don't get to take off my clothes off. You have all these machines that pretend to do it."
Here's some more detail about nudity in Portland, which might like a reputation as the "Naked City."
In recent years, Portland police have taken a reserved approach when they encounter residents in the nude. They receive 9-1-1 calls about naked people in public "off and on" and especially in the summer, said Sgt. Pete Simpson. Police will use nudity laws to pursue charges against people caught urinating or defecating in public, or having sex in cars, on lawns or in full view of others.Pick a policy and be consistent. I remember the time last year when I was down at the Capitol Square here in Madison, checking out another anti-Scott-Walker protest, talking to a man on the street, and the naked bike riders suddenly appeared:
But how about those who are naked for the sheer sake of being naked? "We don't necessarily encourage people to be naked in public, but generally speaking ...being nude in public is not enough to go to jail," Simpson said. "You've got to be doing something more."
Case-in-point, each year officers look the other way when thousands fill the streets for the World Naked Bike Ride, he said, "because of the sheer number of naked people."
"That's America! That's America! That's the freedom!"
(That video of mine includes a racial analysis of the naked bikers and — if you watch to the end — an Ayn Rand point of view.)