ST. PAUL, Minn. — An attorney representing a Minnesota woman argued before the state Supreme Court that her misdemeanor conviction for being topless in public should be invalidated, as female breasts are not categorized as “private parts” under the state’s indecent exposure laws.
Eloisa Plancarte was found topless at a convenience store parking lot in Rochester back in 2021, leading to her conviction and a sentence of 90 days in jail.
During the hearing on Tuesday, her attorney, Adam Lozeau, contended that the conviction should be overturned because Plancarte did not expose any body parts deemed prohibited under the law, according to reports from local news outlets.
Previously, Plancarte had challenged her conviction in the Minnesota Court of Appeals, asserting that she should have the same freedom as men to be topless in public. However, a three-judge panel dismissed her claim with a 2-1 ruling.
Legal precedent in the state has indicated that public toplessness in women, unlike men, is classified as indecent exposure. Jim Haase, a senior assistant county attorney in Olmsted County, noted that although public breastfeeding is exempt from indecent exposure laws, this implies that female breasts are viewed as private under Minnesota legal statutes.
As of now, the timeline for when the Minnesota Supreme Court will deliver its decision remains uncertain.
