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Way Downstream …

Way Downstream comes from Ocean City, where the federal court case over the right of women to go topless may be bare-ly beginning. 

Let us first unveil some facts: Last summer, Ocean City approved an ordinance forbidding women to cast aside their swimsuit tops. 

In January, five women — among them Megan Bryant, of Lothian —- filed lawsuit in a Maryland U.S. District Court challenging the ordinance as a violation of the Equal Protection Clause of the 14th Amendment. 

“This lawsuit is about confirming the legal right of women to be bare-chested in public in the same places men are permitted to be bare-chested in public for purposes other than breast-feeding,” the complaint reads. 

The suit observes that it’s normal for men to go shirtless, an “act associated with power, strength and freedom.” 

In the pokey ways of federal civil suits, it was Ocean City’s duty to respond six months later. 

On July 27, the town filed a defense asserting that the women’s Equal Protection Clause argument is faulty because that provision doesn’t say that things that are different should be treated the same. 

The filing refers to the “indisputable difference between the sexes” and the town’s interest to protect public sensibilities, asserting that bare breasts in public “may not be offensive to everyone” but remain “unpalatable” to society. 

The naked truth is that no decision is expected for some time, perhaps not until chill winds have people so bundled up that there’s no way to discern the difference between women and men.