Burlington’s City Council voted unanimously Monday to move forward with an ordinance banning public nudity following complaints from local businesses and residents.
The proposal now heads to the Ordinance Committee for review before going back to the council.
Vermont law generally allows public nudity in cases where the person leaves their house naked, though removing clothes once outside is prohibited. According to the proposed city ordinance, however, Burlington is looking to classify showing one’s “genitals or anal region” as public indecent exposure even if it’s not lewd in nature.
The ordinance states that public exposure may interfere with people’s right to enjoy public areas without being unwillingly exposed to nudity and discourage community members from visiting spaces where these incidents occur. During the Monday meeting, councilor Becca Brown McKnight said the ordinance could help prevent incidents of indecent exposure that happened near schools and playgrounds.
Ordinance violations could result in a $100 fine for the first offense and a $200 fine for the second offense if it occurs within six months of the first. A third violation would be considered a criminal offense and carry a $500 fine if it occurs within six months of the second. Partial waivers are available for the first two offenses.
“The intent of this ordinance to ban public nudity has nothing to do with suppressing anyone’s freedom of expression,” Brown McKnight said Tuesday. “We’re hoping the Ordinance Committee can have some kind of a flexibility in there for some of the historical events that might involve nudity in the city.” Brown McKnight said the Ordinance Committee will determine if the ordinance will be citywide or focus on specific areas.
One of the exceptions may be the naked bike ride by University of Vermont students, a longstanding tradition that takes place at the end of each semester near the campus.
“I think no matter if they have a law in place to protect it or disband it, I feel like the naked bike ride would somehow come up again,” said Claire Conklin, a recent University of Vermont graduate who participated in the event in the past.
Conklin said the way the bike ride is currently organized allows people to express themselves and feel safe, and since it’s publicized in advance, people can decide not to join if they feel uncomfortable.
“I feel like it kind of goes against the UVM spirit and Burlington as a whole of banning something that other people enjoy,” she added.
The proposal is the result of regular complaints from residents and business owners in downtown Burlington. Around 100 business owners sent a letter to Mayor Emma Mulvaney-Stanak in May expressing concern over the conditions of the city center and requesting action on several items, including a plea for a public nudity ordinance.
“We have observed an increasing trend of individuals engaging in deliberately inappropriate behavior in public spaces, which is causing alarm among families and negatively impacting Burlington’s reputation as a welcoming environment,” they wrote.
“I don’t really think it’s a public safety issue,” councilor Melo Grant said. “These men who have done this have never hurt anyone. … But it is a situation where some people are concerned.”
The public will have the chance to weigh in on the proposal in the coming weeks. Brown McKnight said it might take up to two months before reaching a final resolution, but she doesn’t expect the ban will receive pushback from the community.
Grant said she will pay attention to the final text of the ordinance before deciding how she will vote on it.
“I wanted to be really cautious about how we proceed. I just don’t want anything that’s going to be weaponized against people,” Grant said, expressing concern that the new ordinance could be used to discriminate against people experiencing homelessness or limit freedom of expression for the LGBTQ+ community.
