[Vision2020] Eleven Years Ago (July 15, 2002)

Sat Jul 20 11:30:29 PDT 2013

My late wife, Judy, who by then had had a double mastectomy, half seriously thought of appearing topless in downtown Moscow to expose the hypocrisy of this ordinance.

[Vision2020] Eleven Years Ago (July 15, 2002)
Tom Hansen thansen at moscow.com <mailto:vision2020%40moscow.com?Subject=Re%3A%20%5BVision2020%5D%20Eleven%20Years%20Ago%20%20%28July%2015%2C%202002%29&In-Reply-To=%3C965991F6-5F39-4EC3-B235-5CBA533D3306%40moscow.com%3E>
Sat Jul 20 09:09:47 PDT 2013

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Has it really been eleven years?  It seems like just yesterday when I got my car washed.

Ah, the memories . . ,

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ORDINANCE NO. 2002 - 13

AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVlD!NG FOR THE AMENDMENT OF MOSCOW CITY CODE IO I-I6; PROHIBITiNG THE EXPOSURE TO PUBLIC VIEW OF CERTAIN PARTS OF THE HUMAN BODY; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.

WHEREAS, the Council deems that it is in the public interest to regulate the public exposure of certain parts of the human body; and

WHEREAS, the Council recognizes that in Moscow there is a distinct, legally recognized difference in our current society regarding the public reaction to the exhibition of the pubescent and postpubescent male and pubescent and postpubescent female breast; and

WHEREAS, many cities across the United States (including Detroit, Michigan; Boston, Massachusetts; Houston, Texas; Dallas, Texas; Los Angeles, California, and the City of New York, New York) have determined that there are unwanted secondary effects related to public display of female breasts; and

WHEREAS, the Council believes that it is the Moscow community standard to require the coverage of the portions of the body described herein; and

WHEREAS, the Council wishes to prevent assaults on individual privacy and intrusion upon those who do not wish to be exposed to parts of the human body usually understood and accepted in this community to be private and listed herein; and

WHEREAS, the Council believes it should allow for the breastteeding of babies in public; and

WHEREAS, the Council recognizes that the City should not limit willful exposure of certain body parts in non-public areas and should respect a person's choice to do so; and

WHEREAS, it is the intent of this Ordinance that the portion of the breast which should be covered is that which exposes no part of the nipple, the entire areola, and the area contiguous to the areola including the cleft between the breast and the body below the areola which extends upward toward the arm or underann; and

WHEREAS, the Council deems it to be in the community's best interest to pass this Ordinance in an effort to fairly balance a person's right of selt�expression, the sense of appropriateness, and style of dress with the wishes of other members of the community regarding community mores and standards of acceptable behavior in the City of Moscow, Idaho; and

WHEREAS, the Council does not desire to regulate breast cleavage as exposed by some articles of women's clothing including a dress, blouse, shirt, leotard, costume, bathing suit, or other such apparel.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS:

SECTION 1: That Moscow City Code Title I0, Chapter I, Section 16 be, and the same is hereby amended as follows:

Sec. 1-16. Public Nudity.

A. Definitions:
I. Pubescent or postpubescent female breast. This shall include the entire breast

once a female begins puberty and continuing throughout her adult lite, but shall

not include any portion of breast cleavage.
2. Breast cleavage. The middle depression or furrow between pubescent or

postpubescent female breasts. The nipple, the entire areola, and the area contiguous to the areola including the cleft between the breast and the body below the areola which extends upward toward the arm or underann is not considered cleavage.

3. Opaque. Material which is not transparent or translucent. Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering.

B. No person shall willfully expose to view or fail to cover completely and opaquely any portion of such person's anus, cleft of the buttocks, genitals, and the pubescent or postpubeseent female breast on or in any public place or place open to public view.

C. Exposure of any portion of a female's breast while she is in the act of breastfeeding a baby is not a violation of this Section.

D. This Section shall not apply to a person who is prepubescent.

SECTION 2: SEVERABILITY. Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of remaining provisions. The remaining sections of Title 10 shall remain in full force and effect.

SECTION 3: EFFECT ON OTHER ORDINANCES

Where the definitions contained in this Ordinance are in conflict with relevant portions of the City of Moscow, Idaho, Municipal Code, the definition contained within those portions of the Moscow Municipal Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance.

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To commemorate such an occasion . . .

"Working at the Car Wash Blues" by Jim Croce
http://www.tomandrodna.com/songs/Jim_Croce_Car_Wash_Blues.mp3

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com

Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still
But first you must learn how to smile as you kill
If you want to be like the folks on the hill."

- John Lennon

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