Bay Watch: Transgender Males Trigger Topless Debate on Rehoboth Beach

Now this is an interesting case for statutory interpretation. Police were called this weekend to Rehoboth Beach in Delaware after a group of transgender males exposed their “acquired breasts” — leading to complaints. This must have been the missing episode from Bay Watch.


The incident occurred around 5 pm and the police officer determined that at least two men appeared to have breast implants. He told them that they were violating the law, but were they?

Here are the indecent exposure laws:

ARTICLE III Offenses Against Morals (§ 198-12 — § 198-19)

[Adopted 11-8-1974 as Ch. 11, Art. 8, of the 1974 Code] § 198-12 Indecent exposure.

[Amended 8-13-1993 by Ord. No. 893-2]

A.

A male is guilty of indecent exposure if he exposes his genitals or buttocks under circumstances which he knows his conduct is likely to cause affront or alarm to another person.

B.

A female is guilty of indecent exposure if she exposes her genitals, breasts or buttocks under circumstances which she knows her conduct is likely to cause affront or alarm to another person.

Editor’s Note: Former § 11-56, Wearing apparel, amended 7-11-1975 by Ord. No. 775-1, was repealed 7-11-1980 by Ord. No. 780-2.

§ 198-13 Topless bathing suits prohibited.

No female over the age of five years shall wear a topless bathing suit or otherwise fail to cover her breasts with less than a full opaque covering of any portion thereof below the upper portion of the nipple.

The express language of the law allows men to expose their breasts. Even if the men declared themselves to be women (which does not appear to be the case here), the law does not appear to allow such unilateral re-definition — otherwise women could claim to be men to sunbathe topless. Absent a sex change operation, they fall within the statutory definition of a male. Moreover, many men do not need “enhancements” or implants to develop such borderline criminal elements.

For the full story, click here.

16 thoughts on “Bay Watch: Transgender Males Trigger Topless Debate on Rehoboth Beach”

  1. Mens tits are a new phenomena; 30 yars ago they were very seldom;but after the populaton has been exposed to hundreds of kinds of PCB = poly-chlorated bi-phenyles, they, premature puberty in girls (10 years earlier), and DAMP in boys, with all the physical (double-gender,sperm-destruction, homosexuality ), in all animals all through the entire food-chain It has emotional, physical and mental consequenses; it is IMPOSSIBLE to alter or increase he hormone-balance of a mammal without severe and real consequenses . Demand a poison-free environment-or die.(Chem-trails mixing with Corexit?)

  2. Also, the comments about sexual discrimination above are totally laughable. Of course you men would like all women (well the decent looking ones anyway) to show their nipples. But to throw out that it is sexual discrimination against women is pure idiocy. If men were really concerned with sexual discrimination against women, there would be no glass ceiling.

  3. AY,
    I just simply find it sad that people still use the word “she-male” when refering to a transgender person. Also usually when a man calls a transgender female (m to f) a she-male, it is when they are trying to illicit something. Something to think about my friend.

  4. In my many years of jogging and walking on the Hike and Bike trails in and around Austin, Texas, I marveled that fat whitemen with hairy sagging breasts could walk around shirtless and thin flatchested women couldn’t.

    She may have a training size cup and he a B size – and hairy (which is really disgusting.) She would be illegal but he is OK, even though his are very noticable and Uuuuglee and her’s would hardly be noticable.

    I like beefcake as much as anybody but in public parks people should be covered, top and bottom.

  5. Sally : “Kind of like how when we women want to keep our breast size, but lose the weight and somehow our breasts shrink but our butts are still huge.”

    ———

    🙂 Uh huh, I hate that. And it always ticked me off that some of the body-builder types at the pool had bigger boobs than me too. Ginormus pec’s on some of them.

  6. The last time I had to do any research on a labor issue dealing with transgender persons here in MO. and regarding both State and Federal statutes (10 years ago) the last word that both the LRO for management and I could come up with was medical guidance on sex labels. Prior to the actual sex assignment surgery to the genitals the proper sex label was the birth sex. That meant that no matter how far along in the behavioral transition the person was, the specific rules, regs and statutes that included sex specific standards (or a history of consistent enforcement in the absence of clear language) would be imposed on the basis of the birth sex prior to the genital reassignment.

    If Delaware’s law is no more specific than is reflected in the above article, or modified by other laws that are more specific or clarifying, it would seem that the two men cited have a valid argument.

  7. I am more disgusted by seeing a large fat 300 lb woman sitting on the beach wearing a bikini designed for a 100 lb woman. And those kind of women are always found at the beach. Why aren’t they getting cited for indencent exposure? Being overweight and wearing a bikini is pretty indecent if you ask me.

    I really can’t see the difference between a man getting breast implants and a fat man having naturally large breasts. Man boobs are just not attractive.
    If I saw a skinny man on the beach with breasts, I would think that either he had a genetic disorder or that he lost a bunch of weight everywhere else but his breasts. Kind of like how when we women want to keep our breast size, but lose the weight and somehow our breasts shrink but our butts are still huge.

  8. AY,

    Shemale and other variants like ‘shim’ are derogatory terms. I’ll save JT the trouble of moderating my comment by not pointing out the obvious parallels to racial slurs, but that’s a word I wouldn’t use around an actual TG person.

  9. Alan,

    “Seriously though, any law prohibiting females from showing their nipples, while men are allowed, is blatant sex discrimination should be repealed.”

    I’m with you. This kind of law is ridiculous puritanical nonsense. Like many of our laws.

  10. > No female over the age of five years shall wear a topless bathing suit or otherwise fail to cover her breasts…

    I would LMAO if they tried to arrest a 6 yo girl for showing her chest.

    Seriously though, any law prohibiting females from showing their nipples, while men are allowed, is blatant sex discrimination should be repealed.

  11. I still think its funny, but are not “Transgenders” refereed to as “Shemales?”

    It appears the situation resolved itself, but what next.

  12. The incident happened by the surf near Queen Street around 4:45 p.m…. Thus this needs an explanation?

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