OCEAN CITY — Unsatisfied with the denial of an appeal in the U.S. Court of Appeal, attorneys for the plaintiffs challenging Ocean City’s ordinance prohibiting female toplessness this week petitioned the U.S. Supreme Court to take up the case.
The U.S. Court of Appeals for the Fourth Circuit earlier this year denied a request for a reversal of the U.S. District Court decision in April in favor of the Town of Ocean City and its ordinance prohibiting female toplessness in the same areas where men are allowed to go topless, such as the beach and the Boardwalk for example. The plaintiffs in the case, in yet another attempt to reverse the ordinance, filed a motion in the U.S. District Court of Appeals in September to reverse the lower court’s decision, but the high court denied a request for a new hearing and new oral arguments in the case.
This week, Devin Jacob, attorney for the named plaintiffs in the case, filed a petition in the U.S. Supreme Court to have the highest court in the land review the case and decide whether or not take it up. Jacob filed the writ of certiorari on Wednesday in the U.S. Supreme Court, and in simplest terms, it asks the same essential questions posed during proceedings in the lower courts. The first question reads “Is protecting the traditional moral sensibilities an important governmental interest on which the government may lawfully base a discriminatory gender-based classification as the Fourth and Seventh Circuits held, or not an important governmental interest as the 10th Circuit, and this court, held?”
The second question reads “Is the all-encompassing sex and gender classification of ‘female,’ provided in Ocean City’s ordinance, sufficiently tailored to achieve an important governmental interest?”
The U.S. District Court opined protecting a community’s moral sensibilities did serve an important governmental interest and the U.S. Court of Appeals upheld that decision. It now remains to be seen if the U.S. Supreme Court will grant the writ of certiorari and take up the case at the highest level. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask for a writ of certiorari, which is a request to have the U.S. Supreme Court order a lower court to send up the record of the case for review.
Supremes are gonna say pound sand!
(snicker snicker)
Get yourself a genderless driver’s license and say that you’re identifying as male today.
Candidate “examples” need to be posted for approval first. I know what “good” is.
SCOUTS will never take up this case – this little stunt is all for show. The case is effectively dead. Regarding the supermodels who brought this up in the first place, I’d suggest that a little life evaluation would be a good starting point.
Topless is Fine a Good idea !!!! Just make a designated piece of beach for it !!!! Good for business