Devon Reid wants Evanstonians to stop thinking of a change in the public nudity law as a “topless beach” proposal because it’s about equity.
But the president of Evanston’s Parks and Recreation Board said the intent is not what will define how the proposed change in local law is remembered. He urged more public discussion before removing language that attaches gender to toplessness in the city’s nudity ordinance.
“This has received absolutely no public input whatsoever,” Robert Bush, president of Evanston’s Parks and Recreation Board, said during public comment at a Tuesday night city council committee meeting. “This is the human services committee and I’m not sure that you really want your legacy on the human services committee to be the promotion of bare breasts in Evanston. There are many more serious issues that you all can take up.”
Reid, 8th Ward city council member and chair of Evanston’s Human Services Committee, previously proposed changing the language to make the public nudity law equitable and similar with ordinances in nearby North Shore communities that don’t use gendered terms.
A city legal team was asked to study the ordinance and reports that they believe Evanston’s existing nudity law would hold up in court but that nothing is concrete.
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But, “We are stuck in the past,” Reid said. “I’m not looking to be a champion for anybody. I’m just looking to make sure that our laws align with what I believe our values are, what our true values are.”
“It’s not about beaches, one bit,” he said.
Committee members unanimously sent the proposal to Evanston’s Equity and Empowerment Commission Tuesday for discussion and further review. Comments from the community will be taken and considered.
Reid and Bobby Burns, Evanston 5th Ward council and committee member, said the proposed change is misunderstood because discussion has focused on toplessness, not equity.
“I’d like us to look at this through an equity lens,” Reid said.
Evanston’s current ordinance indicates that female breasts must have opaque coverings in public places.
“Please take your time to understand what the proposals are about,” Burns said.
Reid asked Derke Price, special assistant to the city attorney and interim corporation counsel, how Evanston’s binary definition of a male or female breast applies to the transgender and nonbinary communities.
“That’s the cutting edge of the challenge,” said Price, who cited legal cases in a movement of court decisions and trends impacting the LGBTQIA community. “It’s an evolving area of the law and not every state evolves the same way.”
Reid said he is satisfied that the Equity and Empowerment Commission will study the ordinance.
“It’s about lowering the chance for litigation in our city,” Reid said. “It’s about gender equality.”
Karie Angell Luc is a freelance reporter with Pioneer Press.