Attorney general’s office tells Ocean City it can ask topless women to cover up

dated Wednesday, from the attorney general’s office.

“It does support our position, and hopefully it’ll put this issue to rest and allow us to move forward,” Meehan said. “Our position has always been the same: We are not a topless beach; we do not intend to become a topless beach.”

Worcester County State’s Attorney Beau Oglesby said in a statement that he agreed with the conclusion from the attorney general.

“The Office of the Attorney General has provided me with a well-reasoned and comprehensive analysis of this legal question,” Oglesby said. “This issue has statewide implications and unfortunately has created division and unrest in our community during our busiest time of the year. Individuals on both sides hold passionate and sincere beliefs in their positions.”

The advisory letter, which was signed by two attorneys in the attorney general’s office and is not an opinion of Attorney General Brian Frosh, cites numerous court precedents finding that men and women have different bodies and that asking women not to bare their breasts in public does not violate the Constitution.

However, the attorneys noted that public opinion on matters of decency can change quickly and be subject to a different legal interpretation in the future.

“And when public sensibilities begin to change, they can change quickly,” said the letter, which was signed by Sandra Benson Brantley and Adam D. Snyder. “We also recognize that what is seen as ‘indecent’ can depend on context. Law enforcement officials may consider that context when exercising their enforcement discretion and thus are best positioned to ensure that Maryland’s indecency laws are applied no more broadly than public sensibilities require.”

The letter specified that the advice did not apply to women who are breast-feeding, who are protected under state law.