Female Toplessness Is Legal in 33 US States

Walk down the street shirtless as a woman in most of America, and you might expect trouble. But in 33 states, you'd be perfectly within your rights. Female toplessness is legal across more than half the country, though you'd never know it from how rarely anyone exercises that freedom.

The legal landscape is messy. Only two states—Indiana and Tennessee—explicitly ban women from showing their breasts in public. After a 2019 federal court ruling in the 10th Circuit, six states (Wyoming, Utah, Colorado, New Mexico, Kansas, and Oklahoma) can't legally prohibit female toplessness anywhere within their borders. The remaining states sit in legal gray zones where city ordinances may contradict state law, and police discretion fills in the gaps.

When Men Fought to Free Their Nipples

Before 1936, men faced arrest for the same offense. Shirtless swimming was considered indecent exposure. In 1934, six men were fined $1 each at Coney Island for swimming with exposed chests. The following year, Atlantic City police arrested 42 men during a topless protest on the beach.

The turning point came in 1936 when New York's Park Commission realized it was cheaper to provide swimming trunks without tops. That economic decision—not a moral awakening—effectively legalized male toplessness in New York. Other jurisdictions followed, and within a few years, bare-chested men became unremarkable at beaches nationwide.

The entire cultural shift took less than a decade. Male nipples went from arrestable to mundane while the same body part on women remained controversial for another 80+ years.

Why the Law Doesn't Match Reality

Legal doesn't mean accepted. Even in states where female toplessness is explicitly protected, women report harassment, police intervention, and social stigma. The gap between statute and enforcement remains enormous.

Several factors complicate the issue:

• Municipal ordinances often conflict with state law
• Police may arrest women under vague "disturbing the peace" statutes
• Social media platforms ban female nipples while allowing male ones
• Many women simply don't know it's legal where they live

A 2025 Minnesota Supreme Court ruling clarified that exposing breasts in non-sexual contexts isn't inherently "lewd"—a distinction that shouldn't need legal confirmation but apparently does.

The "Free the Nipple" movement has pushed for equality, arguing that if male toplessness is legal and socially acceptable, female toplessness should be too. But legal victories haven't translated into cultural ones. Eighty-nine years after men won their fight, women are still fighting the same battle over the same square inches of skin.