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FREE THE NIPPLE v. CITY OF FORT COLLINS, COLO.

No. 17-1103.

916 F.3d 792 (2019)

FREE THE NIPPLE-FORT COLLINS, an Unincorporated Association; Brittiany Hoagland; Samantha Six, Plaintiffs-Appellees, v. CITY OF FORT COLLINS, COLORADO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 15, 2019.

Attorney(s) appearing for the Case

Andrew D. Ringel of Hall & Evans, L.L.C, Denver, Colorado ( Gillian Dale and Christina S. Gunn of Hall & Evans, L.L.C., Denver, Colorado; and Carrie Mineart Daggett and John R. Duval , Fort Collins City Attorney's Office, Fort Collins, Colorado, with him on the briefs), for Defendant-Appellant.

Andrew McNulty ( David A. Lane with him on the brief), of Killmer, Lane & Newman, LLP, Denver, Colorado, for Plaintiffs-Appellees.

Before BRISCOE, HARTZ, and PHILLIPS, Circuit Judges.

The city of Fort Collins, Colorado, enacted a public-nudity ordinance that imposes no restrictions on male toplessness but prohibits women from baring their breasts below the areola. See Fort Collins, Colo., Mun. Code § 17-142 (2015). In response, Free the Nipple, an...

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