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DenitaLC
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Joined: 02/15/08
Posts: 201
Loc: WA State
Re: NC beaches [Re: TheGreenhorn]
      #873445 - 07/26/08 05:27 PM (98.203.201.177)

Greenhorn.......you know what they say about 'safety in numbers'...even if it's only '4'! ;) I think it's safe to say there is courage in numbers as well.
:D


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Re: NC beaches [Re: DenitaLC]
      #879856 - 08/11/08 12:02 AM (76.15.114.203)

Somebody knows about topless in Avon?

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SarahJane
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Joined: 05/11/05
Posts: 1267
Loc: Virginia Beach, VA
Re: NC beaches [Re: Anonymous]
      #881013 - 08/13/08 02:18 PM (72.84.88.91)

If you are asking about topless in Avon, NC, it is not a known topless area, depends on the time of year and what part you are in as to whether or not you can get away with it, but it is not legal.

--------------------
Sarah


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RichardKenner
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Joined: 11/03/07
Posts: 1860
Re: NC beaches [Re: SarahJane]
      #881119 - 08/13/08 04:17 PM (205.232.38.48)

Quote:

SarahJane said:
it is not a known topless area, depends on the time of year and what part you are in as to whether or not you can get away with it, but it is not legal.



Are you sure it's not legal? Topless is legal in many more jurisdictions than people think. In NC, the Indecent Exposure statue is 14-190.9. Like many states, it uses the term "private parts" and in most states, courts have held that breasts are not "private parts".

Quoting from the NY case that overturned the law against being topless there:

Quote:

It is notable that other jurisdictions have taken the position that breasts are not "private parts" and that breast exposure is not indecent behavior (State v Parenteau, Ohio Misc 2d 10, 11, citing State v Jones, 7 NC App 165; State v Moore, 241 P2d 455; State v Crenshaw, 61 Haw 68; see also Duvallon v State, 404 So 2d 196), and twenty-two states specifically confine their statutory public exposure prohibitions to uncovered genitalia.



Something is legal unless there is an explicit law making it illegal. It doesn't appear that it's illegal under state law in NC. Is there some local ordinance that makes it illegal there?


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SarahJane
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Joined: 05/11/05
Posts: 1267
Loc: Virginia Beach, VA
Re: NC beaches [Re: RichardKenner]
      #885099 - 08/22/08 02:47 PM (72.84.88.91)

I am not aware of any ordinance against nudity on NC beaches; however, as a frequent traveler to the Outer Banks I am not aware of an CO beaches. Most of the beaches in Hatteras are national parks, not sure what the rules are there.

--------------------
Sarah


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RichardKenner
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Joined: 11/03/07
Posts: 1860
Re: NC beaches [Re: SarahJane]
      #885364 - 08/23/08 10:10 AM (72.132.146.142)

Quote:

SarahJane said:
I am not aware of any ordinance against nudity on NC beaches; however, as a frequent traveler to the Outer Banks I am not aware of an CO beaches.



Sorry about the confusion: I was not responding to the queries about nude use, but topless use.

Speaking of which, apparently, today is "National Go Topless Protest Day" according to this organization.


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SarahJane
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Joined: 05/11/05
Posts: 1267
Loc: Virginia Beach, VA
Re: NC beaches [Re: RichardKenner]
      #885682 - 08/24/08 11:50 AM (70.160.234.144)

Okay, so let me state that I am not aware of any topless beaches in the OBX either, not sure if it is legal in a National Park as most of the OBX is part of the National Park system. There are lot's of dunes (not as many as there used to be due to erosion) so if you wanted to be CO or just topless you should be able to find a place, but still not sure it is legal.

--------------------
Sarah


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RichardKenner
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Joined: 11/03/07
Posts: 1860
Re: NC beaches [Re: SarahJane]
      #885893 - 08/25/08 12:22 AM (72.132.146.142)

Quote:

SarahJane said:
Okay, so let me state that I am not aware of any topless beaches in the OBX either, not sure if it is legal in a National Park as most of the OBX is part of the National Park system. There are lot's of dunes (not as many as there used to be due to erosion) so if you wanted to be CO or just topless you should be able to find a place, but still not sure it is legal.



Why not? The only rules regarding clothing in National Parks that I'm aware of relate to Cape Cod National Seashore and one of the National Parks in Hawaii. Other than that, state (and possibly local) law controls.


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SarahJane
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Joined: 05/11/05
Posts: 1267
Loc: Virginia Beach, VA
Re: NC beaches [Re: RichardKenner]
      #885915 - 08/25/08 07:28 AM (70.160.234.144)

You ask a lot of questions Richard! I don't know why not, you would have to stop a Ranger or Police Officer down there and ask. I am just letting you know from my experience in the area it is not "Known" as a CO or topless area.

--------------------
Sarah


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RichardKenner
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Joined: 11/03/07
Posts: 1860
Re: NC beaches [Re: SarahJane]
      #885974 - 08/25/08 09:41 AM (72.132.146.142)

Quote:

SarahJane said:
You ask a lot of questions Richard! I don't know why not, you would have to stop a Ranger or Police Officer down there and ask. I am just letting you know from my experience in the area it is not "Known" as a CO or topless area.



I've said this before: the way our legal system works, something is legal unless there's some law making it illegal. There's absolutely no evidence that topless is illegal on any beach in NC. Given that, I wouldn't expect any "known" topless area any more than I'd expect there to be any "known" areas where purple polka-dot bikinis are accepted: both are accepted anywhere and asking a law enforcement officer where a woman could go topless would have the same legal significance as asking where one could wear a purple polka-dot bikini. In the absense of a law to the contrary (and I have looked for one and asked here numerous times), those two activities are exactly the same in the eyes of the law.

Topless women are like barefoot drivers: many people assume it's illegal when, in fact, it's usually not. See this FAQ entry for a debunking of the "barefoot driving is illegal" myth. As to topless, there indeed are some places where it's illegal (St. John's County in Florida is perhaps the most famous), but it's in far fewer places than most people think.

If you're going to go topless on a beach that's patrolled by rangers or other law enforcement, it's indeed not a bad idea to let them know what you plan to do if you don't see others doing it, but if they say it's illegal, ask for a reference to the statue making it so because a lot of law enforcement officers are as naive in this area as the general public about what's legal and illegal. (E.g., women keep getting paid tens of thousands of dollars in NYC for falsely being arrested for being topless.)


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