Three New Hampshire women have petitioned the U.S. Supreme Court to declare unconstitutional a city ordinance banning women from going topless in public, NBC News reported.
Ginger Pierro was first arrested in 2016 for doing yoga topless at a lakeside beach in Laconia, followed by two other women protesting several days later.
The city has a law banning public nudity, including "the showing of the female breast with less than a fully opaque covering any part of the nipple." The New Hampshire Supreme Court rejected their appeal, acknowledging that the law treats men and women differently but saying the sexes "are not fungible" when it comes to the traditional understanding of nudity.
While most lower courts have ruled the same way, a federal appeals court struck down a topless ban in Colorado this February.