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New Hampshire case "Free the Nipple" still pending....

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  • New Hampshire case "Free the Nipple" still pending....

    No ruling as yet from the Februrary 1 appeal ... then again... the case number is 2017-0116.

    When you're dealing with the NHSC. or any high appellate court, for that matter, rulings take time. The Court does not have to rule on a "first in, first out" basis, and when it's an issue like this, cases that they hear are "triaged" -- cases that involve, say, child custody, or resolution of a probate matter, or to determine something in a case concerning huge sums of money - would likely and often do take precedence.

    While this issue is important to some, it's not a high-profile, barn-burner case - it's largely academic.

    THEREFORE - be advised - as the warmer weather approaches --

    - town ordinances such as this one in Laconia are still on the books, and, for the present, are still enforceable. The fact that this case is being mulled over will not be an effective defense.
    - topfree is still legal on state property, AFAIK.

    And although I'm not a lawyer, and I don't purport to play one on the Internet, the local ordinances still stand and I'd obey them, regardless of what you might read elsewhere on the web.
    Your mileage may vary.

  • #2
    Just an update - as of May 31 there is no update.

    As I said, this is likely LOW on the priority list for the court. While some may insist "it's hot, we need an answer" this is largely an intellectual/point of law argument; no one's gonna lose their house, or their job, or custody of their children, or a carload of money if this isn't ruled on immediately.

    Plus if anyone followed this they'll note that there were only FOUR justices of the five sitting in. Justice Dallianis stayed out pending her retirement. There was a new justice appointed but he likely won't be in on this one. So we wait.

    The other thing is - the status quo still applies.

    1) Until the court rules, the ordinances are still in effect. In spite of statements "we're winning" "this is going in our favor", etc., women can be cited. Be cautious.

    2) If they rule in favor of the appellants, then it means the ordinance is struck down. BUT the town can merely enact another one and the cycle starts again.

    3) If they rule in favor of the town, case is over, the FTN people lose.

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