Until late last month, nudity wasn’t strictly forbidden in Burlington, Vermont. The new public indecency ordinance, which some have deemed unnecessary, comes in response to a person walking naked near an elementary school.
The new ordinance calls public indecent exposure a public nuisance and bars anyone from “exposing their genitals or anus on any street, sidewalk, or other public place.”
Previously, nudity was allowed as long as an individual removed any clothing prior to being in a public space and did not harass others.
Ward 5 Democrat Ben Traverse is the lead sponsor of the measure.
“A handful of times every year we have folks engaging in decent exposure in our public places, really interrupting other people's opportunity and ability to enjoy these spaces” Traverse added, “This is about the individual who was walking around naked this past summer only to end up at an elementary school playground. Now, once they made it to the playground, we do have rules and regulations on the books that allow for us to stop them at that point. But we did not have the tools to stop this individual before they got to the playground, and I think it's time that Burlington provides our law enforcement officers the tool to address it.”
Violators face fines between $100 and $500. In a letter sent to city leaders earlier this year, downtown businesses included public nudity as one of the issues that needed to be addressed to improve the business climate.
But before the measure passed, Burlington resident Brett Yates said he doesn’t think the new ordinance will impact the business climate.
“Personally, I've never been nude publicly. But I support the rights of individuals to do as they please when those individuals aren't harming anyone else and that includes the rights of eccentric people to behave in eccentric ways that may surprise or offend others. Burlington has a very positive reputation for this kind of tolerance,” Yates told councilors.
City councilors passed the updated nudity ordinance in a 9-2 vote, with one councilor absent.
A few days after the measure passed, it drew mixed reaction in downtown Burlington.
Myla and Russell Eckert, visiting from Melbourne, Florida, laughed when they heard about the law.
“Public nudity? No. It shouldn’t be in the streets. I don’t want to look at it.” She laughs again and turns to Russell, “What do you think?”
“Well, back in the 70’s people used to go streaking,” Russell Eckert mused.
“I like Vermont so far. You have legalized pot. You have no billboards allowed. No plastic bags,” Myla Eckert said. “So far, I’m liking it and I haven’t even seen anybody nude yet!”
Musicians dot the Church Street Marketplace. Sven, who declined to give his last name, was playing tunes on his guitar as a friend sat on a bench beside him.
“Would I do it?” Sven contemplates, “Probably not. But then, like, if you’re going to walk downtown naked you’ve probably already got some screws loose. So you probably don’t care. Most people have an inhibition towards that kind of thing. They’re like I don’t think I want to parade around town with the jiggly bits out. I think I would prefer to do that in the privacy of my own home.”
Burlington resident Stephanie Salmon was shopping with out-of-town friends. The University of Vermont graduate stayed in the state after graduation and wondered why the council spent time on the new nudity ordinance.
“Who cares? You’re not hurting anybody. If you don’t want to look, don’t look. And it’s such a short season to be nude anyway,” Salmon noted. “There’s so many other things they could be focusing on like crime and the needles and homelessness and the lack of housing, affordable housing. But Vermont also has a law you can’t whistle underwater!”
Salmon said she hasn’t seen anyone in the buff strolling around the city, but...
“One time at that hotel that was on one of the side streets, they have big huge glass windows and there was a man standing in the window spread-eagle,” Salmon recalled. “That’s the only time.”
There are exemptions to the updated indecent exposure ordinance, including anyone under the age of 5, and permitted events, such as the annual UVM Naked Bike Ride, which has been occurring since 1996.
