Springfield could change indecent exposure law again; mayor says it is unfair to women

At the urging of the mayor, a group of Springfield City Council members will review the recently passed, controversial indecent exposure ordinance.

Mayor Bob Stephens sent a letter to the Plans and Policies Committee on Monday to ask that it take a new look at the law, raising concerns about it.

He said he was specifically concerned that the new law reinforced language to have female nipples covered but removed language "regarding display of male genitalia in public."

The previous law included a line that made it illegal for a man to be in public with covered male genitalia in a discernibly turgid state.

"Therefore we have a law now that increases the restrictions on the female segment of our population while, at the same time, loosening restrictions on males. It is in my opinion that this is a possible violation of the 14th Amendment of the United States Constitution which holds for equal treatment for all under the law."

He said it appears the law discriminates based on cultural beliefs, like those "that led to the 'separate but equal' practices that were rejected in 1954 by the U.S. Supreme Court."

The committee agreed to review the law. Councilwoman Kristi Fulnecky has been an outspoken supporter of the stricter law. She questioned why it needed to be reviewed after public discussion last month.

Councilman Craig Fishel also voted for the new law in September, but said Monday that he would be interested in reviewing and amending the ordinance.

"I think we need to go back and include the male genital stuff that was in the first ordinance," he said. "I'm not interested in repealing it, but I think it needs to be more comprehensive than what we have."

Councilwoman Jan Fisk said she wanted to check for other loopholes. She also said she's worried the law is "becoming a joke." She voted against the new law when it came before City Council last month.

Councilman Craig Hosmer, who also opposed the change in law, said he has questions about the breadth of the ordinance.

"Any part of the side of the breast, any part of the buttocks," he said. "If you truly want to enforce that ordinance, you're going to have people arrested all over the city of Springfield."

He reiterated a concern he brought up when council voted on the law.

"The only problem we had is the public square, and the only place it doesn't apply is the public square," he said Monday.

No action was taken Monday, other than for the committee to officially add the issue to its plans for future discussion. Hosmer asked that City Attorney Dan Wichmer provide some additional information at a future meeting of the committee.

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