What are the naked laws of Iowa?

[Simon-new]

I was just thinking of some fun activities for people to do nude and started to wonder about the legal issues.

If a radio DJ would ask a listener to expose themself on a city sidewalk, and the police saw it happen, who whould be in trouble? the DJ, Radio station, or the listener that exposed theirself.

Someone driving across the State nude in their car, and anyone called the cops, would the person have a legal problem?

If an internet site had a fun contest for people to streak across game fields and then post thier stories on a web site, would the people or the web site owners get into problems?

I have heard many stories about nudity during the Great Bike ride across Iowa, so does anyone on this site know about Iowa's nudity laws?

[SilentJ]

I think nudity during the Great Bike Ride is generally tolerated due to the large amount of cash that the ride brings into some very small communities. The nudity is pretty well limited to adult only environments, i.e. bars and beer gardens, so it's not frowned upon too heavily. If you were to roll into town midday in the nude, I think you would quickly meet the local law enforcement.

[Bob S.]

NAC (http://www.nac.oshkosh.net/StatesFrames/state_laws_and_legislation.html) has a wonderful site that has all the state laws. Unfortunately, it does not cover each locality's laws, which may be more strict than the state law. This includes in-car nudity.

Now to take your other questions:

Contests that call for people to break a law can cause problems for both the "contestant" and the person who called for the illegal activity. The radio DJs would be especially liable as they have FCC rules to abide by. More than likely the DJs would be fined by the FCC and possibly suspended or fired by the station.

The internet is a bit different. If there is really nothing to win other than the chance to write about your experience, the site owner may not have any liability. If there was an actual prize for someone who has actually done something illegal, that would be different. However, it is never a good idea to try to convince someone to do something illegal. I know this site very much frowns upon that.

Bob S.

[Naturist Mark]

I think nudity during the Great Bike Ride is generally tolerated due to the large amount of cash that the ride brings into some very small communities. The nudity is pretty well limited to adult only environments, i.e. bars and beer gardens, so it's not frowned upon too heavily. If you were to roll into town midday in the nude, I think you would quickly meet the local law enforcement.

The World Nude Bike Ride is a political protest against oil addiction and its effects. Under the US First Amendment that meant that the nudity in the ride was protected political speech.

However ... the US Constitution ain't what it used to be. What would have been clearly legal speech 15 years ago is risky today. Some States/Cities with integrity will allow and even use police to protect the riders, others will harass and prosecute them - and many of the present crew of constitution hating 'Federalist Society' judges will permit that.

-Mark

[newton]

Mark:

I do not disagree with what you say, I really do agree.

This mention of a Great Bike Ride (in an Iowa context) is probably referring to the Great Bike Ride Across Iowa. See here: http://www.ragbrai.org/

I never knew before that there was any nudist context to it.

Newton

[SilentJ]

Mark:
This mention of a Great Bike Ride (in an Iowa context) is probably referring to the Great Bike Ride Across Iowa. See here: http://www.ragbrai.org/
Newton

That's the Great Bike Ride I was referring to. Sorry to confuse you Mark. RAGBRAI is just an excuse to enjoy Iowa's beautiful countryside. There are no political implications whatsoever. Just get on your bike at the Missouri river and spend a week working your way to the Mississippi river.

Most nudity during the ride is the result of alcohol and attention seeking. Although, during the warmer years, I'm sure some of it is just for comfort.

[Naturist Mark]

Of course I am familiar to RAGBRAI, always wanted to ride it, didn't realize that was what was being referred to. I've been on a few GOBA rides (a somewhat similar, but shorter, 7 day circular route through Ohio). Not much nudity on GOBA rides, although there was a little bit at one nice farmer's pond on a very hot day in 1993 where riders were invited for a cool down swim.

-Mark

[usuallylurk]

no -- that is not correct.

The First Amendment does not cover nudity as free speech as long as it's a political statement. You might think that it should, but it doesn't. See the thread from Ria777. Also, some were arrested in the WNBR two years ago in New Hampshire.

One of those arrested was looking for a 1st Amendment / free speech precedent. He didn't find one. He called the prosecutor, asked if he could cop a plea to disorderly conduct, and he/she gladly accepted, because they were hoping that he didn't have a "cause".

If nudity were protected as a political statement, we'd have the ACLU defending us. Note that they don't. Note that NAC and AANR won't, either.

The reason WNBR is permitted in some places is owing to practical logistics. If there are 40 people riding their bikes naked in a parade, what are the cops gonna do? But if there are one or two, that's different. They CAN act on that and they might.

[Naturist Mark]

no -- that is not correct.

The First Amendment does not cover nudity as free speech as long as it's a political statement. You might think that it should, but it doesn't. See the thread from Ria777. Also, some were arrested in the WNBR two years ago in New Hampshire.

If you read the full context of my statement, you would see that I said that former right is now eroded due to bad judges.

In fact there have been many cases where nude protests have been ruled as protected political speech, including one as recent as 2003 in Florida (http://www.wpbf.com/news/1978152/detail.html) where a federal judge placed an injunction against police interfering with a nude anti-war protest.

But there have also been many recent cases where that earlier first amendment standard has become eroded by conservative judges uninterested in maintaining the high standards of political liberty set by precedent. In particular Justices Scalia and Thomas in their concurrence in Erie v. Pap's have expressed outright hostility to the notion that nudity is included within the ambit of protected speech.

Ria's case is just the latest example of a clear case of political speech that in an earlier day would have been ruled protected free speech but which today faces a considerably more hostile judicial environment.

-Mark

[usuallylurk]

I was just thinking of some fun activities for people to do nude and started to wonder about the legal issues.

If a radio DJ would ask a listener to expose themself on a city sidewalk, and the police saw it happen, who whould be in trouble? the DJ, Radio station, or the listener that exposed theirself.



Probably everyone, but from different authorities.

Let's start with the guy who exposed himself. He would be in trouble with the local authorities, if they chose to prosecute. He could fact public lewdness charges, indecent exposure, or other charges.

Next, the radio station owner. In the United States, you can do just about anything on the radio with a few exceptions, that the FCC gets very upset over.

- Running a crooked promotion or rigged contest
- Station owners or company officers being convicted of any felony
- Starting a hoax , or running a stunt that jeopardizes public safety or causes alarm
- Promoting illegal enterprises
- Encouraging others to, or the station or staff participating in illegal acts
- Failure to identify by call letters and city of license at the top of the hour
- Not maintaining a public file of listener comments and complaints
- Illegal operation (uncontrolled transmitter, illegal power or pattern)
- Obscenity and profanity as determined by community standards. If you were in a small town station and said "s**t" on the radio, it's ok if no one complains.

The DJ could get fired. The station could get fined. If the DJ stays on board and does the same thing a second time, the station could be subject to more punitive action.

License? Not too likely to be pulled -- BUT -- if the XYZ Radio Company paid fines for repeated violations, that history could be used against them at license renewal time (not likely) **or** if they try to buy another station somewhere else (very likely).

We had the infamous Opie and Anthony / Brewery contest stunt, where a couple was arrested in New York. They were having sex in a church as part of a radio station contest. Station personnel were present, and the incident was followed by the station until the police intervened.

Those two had also broadcast an "April Fool's" joke that the mayor of Boston had been killed in a car crash. How any humor was derived by that, I don't know.

Other contests have gone awry, causing public safety concerns and taxpayer dollars to be spent.

The "missing on-air personality" hoax doesn't go far, because if station management files a bogus police report, it's a felony. Felons cannot hold broadcast licenses.

So -- there are a lot of things that take place. A minor stunt might result in a fine, but not a loss of license.

[CharlesLogan]

Greetings,
Some of you have made reference to RAGBRAI, the Register's Annual Great Bike Ride Across Iowa. I rode it in 1996 and 1997. During one of those rides a rider put some "stripes" down the side of his legs to make it look like he was wearing striped cycling shorts. However, he was not wearing any shorts. I didn't see this, but was told by others that as soon as the police saw him, he was taken away immediately!
I assume there must have been many who thought the rider was within his rights because I saw several signs the next day saying "Nudity is not a crime in Iowa." I don't now or didn't then know anything about the laws of Iowa. Although I really wasn't a nudist then, my thoughts were definitely with the rider and I hoped that he was within his rights.
CharlesLogan