Rehoboth Beach isn’t a topless one, but a few transgender women decided to go a little wild Memorial Day weekend and showed their surgically enhanced breasts off in the afternoon sun.



Because the ladies still have male genitalia, no laws were broken, say police.



Other beachgoers didn’t like the daytime strip show and, thinking the free-wheeling beachgoers were full-blown women, observers complained to a lifeguard.



"Passers-by came up to the lifeguard and said they were alarmed and unhappy with the females showing their breasts," Police Chief Keith Banks told the News Journal. "The lifeguard responded and saw that they were males."



The lifeguard asked them to put their tops back on. They initially refused, but covered up before police arrived.



But even if they hadn't covered up, Banks said they were doing nothing illegal. Since they’re bottom half is still very male, they can't be charged with indecent exposure for showing their breasts.

“A male is guilty of indecent exposure if he exposes his genitals or buttocks under circumstances which he knows his conduct is likely to cause affront or alarm to another person,” according to Rehoboth law.

On the other hand, a female is guilty of indecent exposure is she exposes all of the above or her breasts.

Banks says there's no need for a specific law to address the issue.



Rehoboth Beach commissioner Kathy McGuiness isn't so sure. She says the matter will be discussed at a town hall meeting next week.



“I hardly see us reversing the topless law. I don't think we are going to repeal it and allow women to go topless, McGuiness told the News Journal. “Now if someone is going to go through the process of having implants, then they probably should think about following the laws of the person they would like to become.”

