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ELINE v. TOWN OF OCEAN CITY, MARYLAND

No. 20-1530.

7 F.4th 214 (2021)

Chelsea C. ELINE; Megan A. Bryant; Rose R. MacGregor; Christine E. Coleman; Angela A. Urban, Plaintiffs-Appellants, v. TOWN OF OCEAN CITY, MARYLAND, Defendant-Appellee, and Richard W. Meehan; Joseph J. Theobald; Ross C. Buzzuro, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 4, 2021.

Attorney(s) appearing for the Case

Devon M. Jacob , JACOB LITIGATION, INC., Mechanicsburg, Pennsylvania, for Appellants. Bruce Frederick Bright , AYRES, JENKINS, GORDY & ALMAND, P.A., Ocean City, Maryland, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Keenan joined. Chief Judge Gregory wrote a separate opinion concurring in the judgment.

In response to inquiries about topless sunbathing on its beaches, the Town of Ocean City, Maryland, passed an ordinance prohibiting public nudity. While the ordinance restricts both men and women from showing certain body parts in public, it prohibits only women from publicly showing their bare breasts. Plaintiffs, five...

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