A few Saturdays ago, three women joined the merry throng of Farmers’ Market hula hoopers and other revelers in the Arcata Plaza and took off their tops. The band was playing. Jugglers were juggling. Produce was tumbling into shoppers’ bags and woven baskets. Other than the half-naked hoopers, it was a typical market day.

The topless women picked up their hoops and began to sway rhythmically, conducting intricate maneuvers with their arms in typical hooper fashion. An observer, standing over by People’s Records at the time, jaw agape, noticed that several Arcata police officers had taken a keen interest in them. She saw words pass between the women and the cops, and then one of the women flung an arm out to point, it seemed, at a bare-chested man nearby who lounged easily in the grass, soaking up the blessed sun.

The police stepped back and remained in position, one talking on a radio. The women resumed their hoops, still topless.

Were the topless hula hoopers cited? Arrested? Did screaming break out on the plaza, or a stampede?

Of course not. It’s Arcata. And, actually, it’s California — where communities can take their own, locally appropriate, approaches to enforcing the section of California law pertaining to “indecent exposure.”

“The key component to the code is the word ‘lewd,’ ” says Arcata Police Chief Tom Chapman, over the phone. “For there to be a violation of ‘indecent exposure,’ the person who exposes private parts must be doing it in a lewd manner. So, simply being topless wouldn’t necessarily violate the section.”

But that sounds rather subjective. What is ‘lewd’ ? Not simple nudity? “Namely,” says Chapman, “it’s an act or some behavior that draws attention to the exposed private part for the purpose of sexual arousal, gratification or affront.” That is, the nekked person has to be trying to turn herself or someone else on. And, of course, there has to be a third party around to suffer the effrontery, and the offender has to be aware of that possibility.

So, a person could actually sit naked on a bench in the plaza, then, reading a book?

Chapman sighs at the question and you can almost hear him thinking oh boy, now we’re in for it. Yes, he finally says, you could. But he wouldn’t recommend it.

“It’s not illegal,” he says. “Is it respectful of others on the plaza? Not really. It’s not something that’s necessarily appropriate.”

Even though Arcata’s got a wilder-than-most reputation, women going topless isn’t really all that common. The last time Chapman saw such behavior was 20 years ago. “It was kind of tied in with Redwood Summer, more of that environmentalist movement,” he says. “At that time, all of a sudden it started to pop up — topless women appearing on the plaza on sunny days. And a lot of complaints came in to the police department.”

Three people complained this time around, says Chapman.

But yeah, it’s legal. In Arcata, for sure. Not all towns interpret the “lewd” factor the same way. Just try naked hooping in Eureka, or Fortuna.

“I would say that somebody out there hula hooping and bouncing their naked breasts around certainly could be considered lewd, especially with families and children around,” says Eureka Police Sgt. Steve Watson over his crackly cell phone, sounding a little amazed someone would even have to ask the question. “And we definitely would get complaints.”

At the minimum, he says, such women would be warned to go put their tops back on. “And if they refused, delayed or repeated that offense, I would expect that they would be arrested. Each incident is viewed on its own merit. But we would put a stop to that behavior one way or another.”

Just recently in Fortuna, some women were walking around topless, taking in the sunshine, at the Hops of Humboldt beer festival in Rohner Park, says Fortuna Police Sgt. Scott Hillman. Nobody was cited or arrested — it would take some pretty obviously sexual conduct for that to happen, Hillman says. But police officers on duty at the festival did tell the women to put their tops back on. And then, says Hillman, the festival coordinators asked the women to leave. It was a private function; they could do that.

“Different towns have different views on those kinds of things,” Hillman says. “We’re a pretty quiet, close-knit community down here. We have a lot of older folks that come here to retire … and they’re just not used to that kind of behavior.”

It is pretty rare behavior, even in Arcata, as Chapman attests to. Is it going to become a new trend? Will the hoopers be topless every sunny Saturday from now on?

Hard to say. We tried to reach hoopers with the group Chakra Nation, whose members bring their hoop moves out to the Arcata Plaza every Saturday during the market, to see if they knew anything about the topless hoopers. We heard back, once, from a woman named Nicole, who hadn’t heard about it but said she’d ask around.

“That is hilarious!!” she wrote. “Sadly, those days are over for me.”

 

Heidi Walters worked as a staff writer at the North Coast Journal from 2005 to 2015.

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4 Comments

  1. Heidi
    First of all, I would like to know if you were there, I was, in fact I was one of the topless women. Second, I would like to clear up a couple details. There were actually four of us topless. Only one of the girls got up to hula hoop while the rest of us laid there enjoying the sun and the girl hooping does not have breasts big enough to bounce.

    I was one of the two women that was approached by the police officers and there was no pointing of any kind at any men from either of us . I simply laughed and the other woman said “ok” when the police officer told us there were some complaints.

    Now, for my side of the story.
    I was getting ready to leave the market because I was hot and wanted to go to hang out in my neighbors backyard topless, like I do on a regular basis, when I saw some friends. I went over to say hello, one of the girls was topless, just laying there, I looked around and only saw friends, most of whom have seen my bare chest, and I took my shirt off. It was hot, all the men had their shirts off, why not me? When I got up to leave the market and walked out of the comfort bubble of my friends is when I realized I was “nude”
    It is interesting to me that I am a twenty first century female, living in the United Stated, land of the free, home of the brave…… Yet I am not free to be topless in public without being discriminated against, possibly arrested and women are not brave enough to recognize that we are being oppressed. Our forefathers fought for our freedom, women included. Women’s breasts are the life force for all. They are sacred, beautiful, and should be celebrated, not bound down by judgment. Anyone who says otherwise is sexist.
    I am ready for the day when a woman’s body is not associated with just sex.

  2. In the discussion of women’s rights, one controversial issue has been whether women have the right to be bare-chested in public. Journalist Heidi Walters argues it is an act of lewd behavior. On the other hand, equal rights activists believe if men have such a right, women should too. I believe the right to be bare-chested in public is a human right that we all should possess. It’s time to stand up to the fight for women’s right to make their own decisions about their body and free will.
    “Free will” by definition is the ability to act at one’s own discretion. However, our societal beliefs dictate what actions are to be left to free will. All across the globe, ancient societal norms allowed women to carry on their regular lives in and out of public, all while exposing their breasts. Until the 1890’s, women weren’t allowed to work, before the 1920’s, women didn’t have the right to vote for their president. The law hid behind the excuse of preserving female morality then too. Now it’s 2019 and women are still being denied their human rights.
    America displays a grey area on the legality of bare-chested women. Federally, there is no such law neither allowing nor forbidding women from the right to bare their chest in public. However states and regions possess the right to determine if women are violating their laws pertaining to indecent exposure, which can lead to legal consequences. The Penal Code prohibiting indecent exposure reads as “Willfully exposing your genitals to someone else, motivated by a desire to sexually gratify yourself or the other person.”
    Heidi Walters of the North Coast Journal claims three bare-chested women hula-hooping on the Arcata Plaza during a farmer’s market violated those laws and were guilty of indecent exposure. Walters argues “…[a woman] hula-hooping and bouncing their naked breasts around is certainly lewd, especially with children around.” In making this comment, Walters urges us to avoid traumatizing the youth. While I understand her concern for the children, I believe the more important concern is why we as a society hyper-sexualize women’s bodies. Of the children Walters is concerned about protecting, the CDC recorded 83% of them were breastfed. From the first moment of life, infants are exposed to breasts. Children are not traumatized by bare-chests. The trauma occurs through our society’s overwhelming sexualization of the female body.
    Our society begins sexualizing women before their breasts are even developed. Young girls are told to cover their chests to protect the sake of female modesty. This issue may seem to affect only females, but the perpetuation of the idea that the female body is inherently sexual, contributes to objectification of women. This perversion has lasting effects on our society and females by teaching little girls and adult women to hide their bodies out of shame. Although not all people share the same beliefs, some religious followers may argue women must cover themselves not to avoid shame, but to protect religious modesty. My own view however, is breasts are of nature, which gods of all religions are responsible for creating. Religious or not, women should have the right to their own free will.
    The right for women to be in charge of their own bodies should be their own. Although fighting for the right for women to be bare-chested in public may seem trivial, it is in fact crucial in today’s progression of gender equality. Women and men should have equal rights. In the hopes of achieving such a dream, like so many brave activists in the history of women’s rights, we need to recognize the devastating consequences of sexualizing someone else’s body. Everyone, male and female, of all ages, should have the right to be comfortable in any setting, without feeling objectified or risking the threat of arrest.

    Works Cited

    Walters, Heidi. “Heidi Walters.” North Coast Journal, 29 Sept. 2017, https://www.northcoastjournal.com/author/heidi-walters.

    “Breastfeeding Report Card.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 20 Aug. 2018, https://www.cdc.gov/breastfeeding/data/reportcard.htm.

    “Code Section.” Law Section, http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum., Last Accessed 18 November 2019

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