Legal challenge could come in Springfield nipple debate

Springfield’s new indecent exposure ordinance went into effect the moment the votes were cast. Almost as quickly, opponents of the new law are looking for ways to fight back.

Jessica Lawson, who has been one of the organizers of the recent Free the Nipple rallies, said she was in contact Monday with someone from the American Civil Liberties Union.

“They just reached out to me today,” she said. “We’re still discussing options with what we’re going to do.”

Lawson posted a response from the ACLU on her group’s Facebook page:

“We would be interested in talking to you and others about a potential legal challenge to the new ordinance,” it says.

While protesters plan their next steps, people on both sides of the issue are reacting to Monday’s 5-4 vote.

“I was pleased,” said Jennifer Wilken, who organized a group called Springfield Residents Against Indecent Exposure. “I wouldn’t say I was surprised. I really didn’t know what to expect. I assumed it would be passed, but I was just projecting my opinion of the matter.”

Wilken was particularly active on the group’s Facebook page, encouraging like-minded residents to write to City Council or speak when the law was up for public comment.

Based just on emails sent to City Council reviewed by the News-Leader, letters were overwhelmingly in support of the new law.

Wilken said she knew the group had support from a couple of council members from the beginning, but thinks it’s possible the group’s message got to others.

“I wouldn’t be surprised if it did influence them,” she said.

On the other side of the issue, Lawson said she wasn’t surprised with the result of the vote. She said she was hoping council would table the issue and “make it disappear.”

She also said she thought many remarks made by City Council members were “childish” and directed at the original rally organizer, Alyssa Berrer.

Lawson said most members of the Free the Nipple group are a bit older, and are mothers and fathers.

Resident Bon Tindle, who has also attended meetings and been active on Facebook, had a very different take on Monday’s result.

“This felt like a slap down to women who took part in a national legal protest,” she told a reporter Tuesday.

She said the law seems like it was crafted specifically to deal with protests, and she said that’s a problem.

“It’s important and it’s legal,” she said.

She said the new law seemed like Councilman Justin Burnett was “enforcing his will” on citizens.

Wilken and Tindle, though holding very different points of view on this issue, both said they suspect this argument isn’t over.

Wilken had also heard rumors of the ACLU’s involvement, and Tindle, who’s not part of an official group, said she’s talking to others about next steps.

Beyond issues of indecency, Wilken said her group is planning to stay in contact and look for other ways to be helpful in Springfield.

She said some in the group have talked about getting involved with a group called GO 61 that fights sex trafficking.

In the meantime, how this new law affects people remains to be seen.

There is continued debate about how free speech factors in. City Attorney Dan Wichmer has said Free the Nipple rallies would continue to be legal. Councilwoman Kristi Fulnecky, who is also an attorney, has argued that the law is specifically tailored to deal with a problem, and she thinks that will allow the new law to hold up against challenges.

Basically, she thinks the rallies can now be considered illegal.

Wichmer said the decision on whether to file charges with the municipal court is based on the facts of each individual case. He said, "We do not anticipate any change in the numbers of indecent exposure tickets that we currently issue."

In general, Springfield police officers aren’t likely to start tossing scantily clad women in jail.

Police spokeswoman Lisa Cox said officers use their discretion when determining appropriate action to take. She said indecent exposure situations usually just start with a warning, and citations or even arrests can occur if offenders don’t comply.