Legal for Transgendered Men to Bare Breasts on Rehoboth Beach

B.J. Rychener
This past Memorial Day weekend proved to be somewhat of a challenge for local lifeguards in Rehoboth Beach Delaware when transgendered men bared their breasts on the public beach. According to the Rehoboth Beach city indecent exposure laws, men are only required to cover their buttocks and genitals where as women are required to cover their buttocks, genitals, and breasts when the circumstances are that these areas not being covered could be alarming to others, i.e. in public. Nothing in this law specifically states that men must cover their breasts.

So when a few transgendered individuals were noticed laying out at Rehoboth Beach with their breasts exposed it was not technically illegal even though several people in the area complained to the life guards who then called in the local authorities.

The transgendered individuals at the beach in Rehoboth were born male but had already started the process of becoming female and thus had noticeable breast implants. Since these individuals are still in fact classified as male and it is not against Rehoboth Beach laws for a man to show his breasts in public, they were not doing anything illegal even though they were in a public place. So you can see where the wording of the laws can be a bit confusing and deceptive in this case.

At first the transgendered individuals refused the requests of the local authorities to cover their breasts claiming that they were being discriminated against but they eventually conceded and agreed to cover up. No citations were issued to said individuals.

The Rehoboth Beach Chief of Police Keith Banks said they were not breaking any city laws but he did admit that the indecent exposure laws wording makes this situation a "gray" area. It is certain that changes are needed to Rehoboth's indecent exposure laws so that this "gray" area is eliminated.

Steps are being taken to handle similar situations that may occur in the future and a Rehoboth Beach town meeting will occur next week to discuss the events of this past weekend and what should be done about the current public indecency laws.

Sources:

WBOC-TV 16, Delmarva's News Leader
Topless Transgender Visitors Create Confusion in Rehoboth
http://www.wboc.com/Global/story.asp?S=12587184

Myfoxdc.com
Police Reportedly Ask Transgender Topless Sunbathers To Put tops Back On
http://zwww.myfoxdc.com/dpp/news/national/police-reportedly-ask-transgender-topless-sunbathers-men-to-put-tops-back-on-060110

Chicago Sun-Times:: Nation
Transgender Men Can Show Breasts on Rehoboth Beach
http://www.suntimes.com/news/nation/2351308,rehoboth-transgender-breasts-beach-060310.article

CBS3.com
Controversy Erupts After Transgender Men Go Topless At Rehoboth Beach
http://cbs3.com/watercooler/transgender.men.topless.2.1731234.html

Published by B.J. Rychener

B.J. Rychener is a programmer/analyst in Maryland and has worked in the computer industry for over fifteen years. She is a Comptia A+ Certified Technician and is fluent in several programming languages and w...  View profile

4 Comments

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  • Tony Payne6/10/2010

    Well that's a really fun loophole in the law isn't it. Good reporting.

  • John Myers6/4/2010

    Interesting...

  • Loki Morgan6/4/2010

    I say just get rid of the legal discrimination against LGBT and we won't have issues like this. (= Just sayin'

  • Abby Greenhill6/4/2010

    Something I would have have thought about...interesting.

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