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HomeMy WebLinkAbout2016CV1308 - FTN - FORT COLLINS V. CITY OF FORT COLLINS - 019B - EX B - 10-20-15 CITY COUNCIL EXCERPT1 CARPENTER REPORTING, INC. (303)752-1200 FORT COLLINS CITY COUNCIL MEETING (Excerpt) October 20, 2015 Agenda Item 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 1 of 100 2 CARPENTER REPORTING, INC. (303)752-1200 (There were proceedings had, not transcribed herein.) MAYOR TROXELL: This brings us to our next item on the agenda, No. 18, which is the first reading of Ordinance No. 834, making certain amendments to the Section 17-142 of the Code of the City of Fort Collins related to public nudity. There are two options: 1 and 2. Is there a presentation? MR. ATTEBERRY: Yes. Thank you, Mayor. There's a brief presentation. Tyler Marr from the City's Manager's office is going to kick this off. Tyler? MR. MARR: Great. Thanks, Darin. Good evening, Mayor, members of Council. It's a real privilege to be able to speak to you tonight on this somewhat controversial issue of updating the public nudity code. I want to start with a little bit of background, specifically, about why we're here. The reason this is being brought up tonight is because a handful of citizens have been expressing concern for several months now about the gender equality of our existing public indecency ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 2 of 100 3 CARPENTER REPORTING, INC. (303)752-1200 After hearing these concerns and meeting with the citizens, Council requested staff bring forth new options to update the code. And that's what we have here for you tonight is two options to update the City Code. The first is what we're calling the enhanced status quo. It largely leaves policy the same. Does not allow for women to be topless, but provides for a couple of exceptions, which I'll touch on here in a -- just a little bit. The second option would be a change in policy, and it would allow females to be topless in Fort Collins. We did gather public input on this, highlighted by an online public opinion poll that ran for a full week, from October 5th through 12th . A little bit more about that public input process. Council received input from both the Women's Commission and the Human Relations Commission. It's worth noting that both of those commissions are supporting the second option or the change in policy. Again, we -- we had the online poll that ran for a week. It generated close to 9,000 responses. 6,800 responses were unique IP addresses. And what this means is there were 2,000 addresses that people 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 3 of 100 4 CARPENTER REPORTING, INC. (303)752-1200 took the survey from the same device, and so I pulled those out. And the results, you'll see in just a second. And it's -- this is worth noting. This is in addition to the numerous phone calls and emails Council has received. So here are the results from the survey. These are a little different than what was in your packet, Council. The -- the results in your packet included all the survey responses, and like I mentioned, these pulled out the -- the duplicate IP addresses. You'll notice that the results have not changed much. It's still about a 60/40 split, with 60 percent supporting the current policy, with that exception, which, again, I'll get to in just a second; and then 40 percent supporting the change in policy, allowing women to be topless in public. We also allowed citizens to comment on the ordinance changes, and I grouped these into four general themes. There were a lot of comments generated. One common theme was concerns about family values and modesty if toplessness is allowed within the city, including a couple -- a handful that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 4 of 100 5 CARPENTER REPORTING, INC. (303)752-1200 pondered their ability to stay in Fort Collins if such an ordinance were passed. There were several people who posited what they thought was a legitimate third option of having men forced to keep their shirts on. Those in support of the change oftentimes cited getting with the times. The 21st century doesn't have a place for discrimination. That sort of theme. And then there were also a fair number that questioned the value of looking at this -- looking at this issue at all. So, as we move into the options, there's some -- there's a lot of similarities between these two options and some differences. I'm going to start with the similarities. Both options make exceptions from the code for young children, performance venues, changing areas, and those undergoing medical emergencies. And we are changing in either option the code language that currently reads as "public indecency" to read as "public nudity" instead. So we move into the first option, once again, the enhanced status quo. So this keeps it illegal for females to be topless in public, but it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 5 of 100 6 CARPENTER REPORTING, INC. (303)752-1200 does add those exceptions I just mentioned, in addition an exception for breast-feeding mothers. And the second option would allow females to be topless in the city. It does this by specifically outlining what is prohibited, and that's all nudity below the waist, and it does remove the code provision that pertains to female breasts. So I'm just going to reiterate one more time: Option 1 keeps the policy the same, but does not allow for females to be topless in public. The second option would change policy to allow females to be topless in public. And with that, Council, I'll turn it back to you. I'm happy to answer any questions. MAYOR TROXELL: Thank you, Tyler. I appreciate the presentation. With that, I think we have a few people who would like to speak tonight. May I just remind you that -- to be brief and -- and -- and to, you know, be courteous of -- of everyone else and refrain from public outbursts, if you would. And we're just looking for a -- a conversation and get your feedback with regards to this. So, with that, could I see a show of hands of how many people would like to speak to Council 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 6 of 100 7 CARPENTER REPORTING, INC. (303)752-1200 tonight? Please raise your hand. Okay. With that, I will allow 2 minutes per speaker and with that, would you please come forward and form two lines and -- come forward and -- unless you have trouble standing for a long period of time, you -- ask for you to come forward and -- and be ready to speak. Okay. And as we've done before, please state your name and general address, and you'll have 2 minutes. When you see the yellow, you'll have 30 seconds left and red, you'll be completed. Thank you. Please go ahead. MS. PETERS: Okay. Thank you. My name is Katie Peters. I'm from 1104 Fairfield Avenue. And I want to -- thank you to the Council for your leadership and your service and your sacrifice. And also, thank you to the proponents of this ordinance for bringing it to our attention so that we can evaluate what really matters to us. And it is precisely the value of the empowerment of women that brings me here tonight. It's entirely essential, Councilwoman Stephens, that women continue to be empowered to lead and to influence and give voice in our community. However, I believe that the passing of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 7 of 100 8 CARPENTER REPORTING, INC. (303)752-1200 this ordinance or the changing of this policy does not lead us to that goal. I believe that it moves us backwards. I want to suggest that this ordinance or the changing to the policy highlights an idea of sameness rather than promoting the objective of equality. Allowing women to dress or undress in the same fashion as men does not promote equality, but I believe it will, rather, create a public forum and community acceptance for the objectification of women. I believe that this is a lack of focus on more important goals, like promoting income equality, career and leadership opportunity, and maternity privileges for women who are working. I believe that the exposure of breasts to enhance respect and opportunity will not only miss the mark, but will interrupt and abruptly break momentum toward gender parity. Councilwomen -- Councilwoman, please reflect on how far we have come in the empowerment of women and please consider that this move would -- it would move us, but it will move us backwards. And Councilmen, could you take yourself back to being 12, 15, 18, 25, and ask yourself honestly 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 8 of 100 9 CARPENTER REPORTING, INC. (303)752-1200 this question: If changing this -- this language and this ordinance would cause you to more respect the women in our community. Thank you. MAYOR TROXELL: Thank you, very much. Next. Please -- please, I ask that you refrain from showing a response at the end of a speaker. It will speed things along and also, it helps to allow for a free exchange of ideas, so if you would just refrain from that from here on. Thank you. Next, please. MR. PROUTY: Brian Prouty, Larimer County, just outside of Wellington. I think you should reject this proposal. In the first place, I expect you to hear from all the downtown businesses because this would certainly suppress business in Fort Collins, as people would choose to take their business elsewhere. Second, you spent a lot of money on enhancing the image of the City, putting trees and roads and boulevards, and Fort Collins has a very nice atmosphere because of it. And this ordinance would certainly undo a lot of that, cause a lot of that money to go to waste by creating -- by degrading the atmosphere in Fort Collins. I think the best option is actually 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 9 of 100 10 CARPENTER REPORTING, INC. (303)752-1200 option 0, to change nothing. Certainly, incidental exposure is a part of life in breast-feeding, but the general expectation of remaining covered, I think most women would want to remain in place. Thank you. MAYOR TROXELL: Thank you. Next? MR. STOCKTON: Yes. My name is Ray Stockton, and I live here in Fort Collins. Thanks for the opportunity. I'm a husband and a father of a daughter and four boys. And I've always taught them to respect and honor women. And my daughter, I definitely want her to have self-respect and -- and honor the attributes that God has given to her. But I don't know how to counsel children in the future if women don't have any self-respect. And I just question -- I mean, a handful of women who have this opinion over the overwhelming majority that live here in Fort Collins, I don't think should dictate to the overwhelming population, you know, what is right and what is wrong. So I -- I don't know. I think you should reject both, as well. I think he -- he spoke it very well as -- as we go forward, you know, I -- I forget his name, but he mentioned something about, you know, we're in the 21st century. Oh, my goodness. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 10 of 100 11 CARPENTER REPORTING, INC. (303)752-1200 You know, and if anything, we should be smarter now than we were before. You know, I just think that as we go forward, we should show a little intelligence in this area of life. So thanks for the opportunity. MAYOR TROXELL: Thank you, very much. Next. MS. PROUTY: Good evening. My name is Pam Prouty. I live in rural Larimer County near Wellington. And my husband and I have a date night every Friday night and, typically, what we do is walk around Old Town and get dinner, winter or summer. And if this ordinance is passed, we will be driving to Loveland instead. Thank you. MAYOR TROXELL: Thank you. Next. MR. SHAW: Hi. My name is Trevor Shaw. I live on the corner of Stover and Horsetooth. I sent you guys an email and I was just going to read it for public record, and just in case you guys didn't have a chance to read it. As a graduate student in chemistry at CSU, I look at things -- I need evidence and reason and -- to support and then I try to develop my opinion or make -- draw conclusions rationally. I'm a morally -- I'm sorry. Not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 11 of 100 12 CARPENTER REPORTING, INC. (303)752-1200 morally. Reasonably -- rationally opposed to allowing females to walk around topless for several reasons. Scientifically, women's breasts were developed to signal men that they were fertile and ready for sex. Female areola release pheromones that attract males, signaling sex. Male nipples are as important to the body as an appendix, simply being left-over DNA in an embryo before sex is even determined in utero. Therefore, we cannot say that male and female chests are equal. Further, Dr. Carolyn Ross -- according to Carolyn Ross, there are many detrimental effects on a youth's early exposure to nudity and pornography, images leave a lasting impression, as we all know, and there are undesirable consequences. Studies have shown that children exposed to such images often engage in early and high-risk sex. Also, 90 percent of men who identify as sex addicts report pornography and nudity exposure at an early age as a key factor; not to mention that increasing exposure tends to lead to increased -- tends to increase violent thoughts and acts against women. I just, again, would like to emphasize the point that a male's chest is completely different 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 12 of 100 13 CARPENTER REPORTING, INC. (303)752-1200 than a female's chest. A female's chest is a reproductive sex organ that was developed to let males know they were ready for sex. In my opinion, women that choose to go topless would place themselves in unnecessary danger to unwanted sexual advances or assaults. Many women acknowledge the fact that they hate when they're whistled at or cat called. I don't believe this would make it any better. And finally, I'd just -- it goes to the presentation of the pie chart that 60 percent of the people voted against this. MAYOR TROXELL: Thank you, very much. Next. Please. MS. MYERS: My name -- my name is Barb Myers, and my husband and I have lived here in Fort Collins for 30 years. We live at 816 Brookedge Drive. As you, the City Council, consider the question of allowing women to go topless in public, you as leaders and Fort Collins as a community really stands at a crossroads. The opportunity to raise the level of respect for all men, women, and children who call this city home or visit really is in question. We have the privilege of recognizing and saying out loud that men and women are vastly different 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 13 of 100 14 CARPENTER REPORTING, INC. (303)752-1200 in many different ways, and what behaviors we approve through our laws or ordinances and what we declare good, acceptable, and reasonable will have impact. The City Council, as a ruling body, has the power to make legal those specific behaviors, but, unfortunately, you, as a Council, don't have the ability to make it beneficial. You have the heavy responsibility to set a course for the people of this community and we will absorb the consequences resulting from the decisions. Many of those results will be unseen, but, yet, they are very real. And to any women who are wanting to go topless in public, I'd just share my thoughts. You're beautiful. God made you that way and you do have the power to sway men, what their minds think, and cause sexual responses in their body by what you choose to uncover and display publicly. You have more to contribute to the men, women, and children of our community than offering an unwanted street pop-up and I believe you believe to think more highly of your bodies and equality with men than simply to downgrade it to walking around shirtless just because men can. For all of us in this community, we live 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 14 of 100 15 CARPENTER REPORTING, INC. (303)752-1200 at a time when clear thinking is desperately needed and we must not merely look out for our own interests, but also the interests of others. We can destroy ourselves because we lack the knowledge and understanding that supports sound reason and leads to good decisions. Nudity will not support the fabric of our community and it does -- certainly does not support the lifestyle of families who choose to instill the value of modesty. If Fort Collins is seeking to strengthen families and promote respect for men and women of every age, every stage, the answer is a very simple no. Common sense is actually quite easy to recognize and in this case, it will be wearing a shirt. MAYOR TROXELL: Thank you. Please. MS. MYERS: Thank you so much. MAYOR TROXELL: Thank you, very much. Next. MS. SEMMENS: Hello. My name is Kristin Semmens. I'm a Fort Collins resident. I did send an email yesterday, but I had some additional thoughts that I wanted to share. And it's actually regarding the 39 percent that voted yes, and these are my thoughts. I took my own little opinion poll last night when we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 15 of 100 16 CARPENTER REPORTING, INC. (303)752-1200 went out to dinner -- my husband and I -- to Coopersmiths. There was a table of four young people, I assume college age sitting there, so I was bold and I said, What do you guys think about this potential change in our City ordinance. And it was interesting because one of the young men immediately said, Oh, I'm for it, but his reasons were certainly not for equality between men and women. They were because he would enjoy the experience of being able to view women's breasts in public. And then he -- he also said, Oh, but it won't pass. So that leads me to believe that he would have been one of the 39 percent that would have voted yes, believing that it is not actually something that legitimately would take place. So that was the first thought I had. And then, secondly, the response from all four people was regarding having children. I assume none of them had children. And they all stated that if they had children, they would not want this to pass. So I'm curious about what percentage of the 30 -- what the demographic was of the 39 percent and how many of those people, in five or ten years, would change their vote from yes to no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 16 of 100 17 CARPENTER REPORTING, INC. (303)752-1200 And I would appreciate your consideration of that and also appreciate your work for our city. We love living here. Thank you. MAYOR TROXELL: Thank you, very much. Next. MR. BEARDON: My name is Roy Beardon. I live at 5882 Seldovia Road. I'll quote directly from the CDOT safety website. It says of 203,827 motorists involved in a crash in Colorado, an estimated 24.4 percent were attributed to distracted drivers. Furthermore -- this is serious, folks. Furthermore, teenage drivers are more likely than any other age group to be involved in fatal distracted driving crashes. Texting while driving is illegal. Texting takes the eyes off the road for an average of 4.6 seconds. I wonder how long gawking and leering will take a young man's eyes off the road. I don't want to find that out. And I don't want to be in a crosswalk or on a sidewalk when a topless woman is walking by and when a teenage driver is going by. Serious stuff. This is not a question of equality. It's a question of exhibitionism. Men's and women's breasts are different and the law treats them 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 17 of 100 18 CARPENTER REPORTING, INC. (303)752-1200 differently. If a man touched a topless woman's nipple, she would scream sexual assault and the man would be labeled a sex offender and his life would be ruined. Though if a woman touched a topless man's nipple and he ran to the police, they'd probably laugh him out of town. Okay. So the -- there's a difference here, folks. A big difference. And equality is a state of quality or a quality of being equal in quantity, value, and ability. Well, a woman is far, far ahead of men in the area of breasts, so the only way to get equality would be what? We grow breasts or they lose theirs? I mean, there is no equality. There cannot be equality. And the last thing I want to say is my late wife, Ella, she told me one time, she said, Buddy, I don't want to give up any of my rights to be equal with you. MAYOR TROXELL: Thank you. Next, please. MR. DANIEL: Yeah. Hello, Council. I'm Chet Daniel, 301 South Loomis Avenue. I'm speaking from the viewpoint of a husband and dad. A noble life. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 18 of 100 19 CARPENTER REPORTING, INC. (303)752-1200 A faithful life. Being faithful in marriage and in every relationship is the most honorable objective of mankind. My opinion. And yet, as a man, it is clear as day evident to me that my flesh, my will is weak and vulnerable in the face of sexual temptation, even as an over-the-hill 77-year-old guy. The faithfulness of a husband to his one and only woman is difficult enough to nurture and maintain with all the presently existing sexual temptations. God has made woman a beautiful creature. She already has the power to inflame a man without exposing her torso, which would create a huge distraction for husbands. Marriages, family units are in enough danger already because of males distracted from their responsibilities and commitments to give all their affections to their wives and mothers of their children. A noble life, a faithful life, the most honorable objective. Let's not make it more difficult. MAYOR TROXELL: Thank you. Next. MS. CROFT: Hi. My name is Roberta Croft. I live at 4868 Twin Peaks Circle. The proposed change to the ordinance concerning nudity is not about equality. As the first speaker said, equality is not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 19 of 100 20 CARPENTER REPORTING, INC. (303)752-1200 sameness. And if it really comes down to that, I'd rather have the men wear shirts. It's not about breast-feeding. Very few people object to that. In the long run, it's about how we are able to enjoy our community. If this passes, I know my family will not be able to enjoy Fort Collins. I don't want to have my husband, my children, my grandchildren, my guests, or myself to have to walk by a topless woman. That would infringe on my right to enjoy my community. In the past, the Supreme Court has ruled that a community can set standards for decency in the community. I don't think the human body is shameful, but I think it is private and I think it is something to enjoy privately and on your own. Let's get down to brass tacks. Are there any business owners here who think they're not going to lose business if this passes? I know that my family will go elsewhere for grocery shopping, for movies, for restaurants, for whatever we can. There is very little here in Fort Collins that I can't get somewhere else. And we will go somewhere else. Any business knows if you don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 20 of 100 21 CARPENTER REPORTING, INC. (303)752-1200 have customers, you don't have a business. I've heard the argument that Boulder has passed it. Well, guess what? I don't live in Boulder. I don't want to live in Boulder. I avoid Boulder. Okay? MAYOR TROXELL: Please. MS. CROFT: It's the old saying if everyone else jumps off a cliff, would you? Listen to your mom from however many years ago she said that. So let's keep Fort Collins classy and vote no. MAYOR TROXELL: Thank you. Next. MS. MERKLEY: Hi. My name is Lori Merkley -- I'm sorry -- and I come to you from the perspective of a teacher. I want to thank you, first of all, for allowing us to have this voice. It lets you know that you value your community, as well as the young lady who came forward. And I want to say first that I am against this proposal and I don't think we should change what we already have, but I think what we're missing is what this issue is really about and that is the value of a human being. Regardless of their sex, regardless if they're religious, regardless of where 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 21 of 100 22 CARPENTER REPORTING, INC. (303)752-1200 they come from and they're homeless or whether they're in a wealthy neighborhood, the fact is that a person is valuable by who they are, not by what they wear or don't wear. And the last thing I want to be doing is spending my days in my classroom explaining to my third-graders how to respect a woman by not looking at her, but by judging her by her character, by judging her by what she does in her community to make it better. So I would encourage those young ladies that feel like they're not equal, this is where you can show you're equal. Become one of the members here and stand up for the rights of the women that are around you. Fight for those that are downtrodden. Fight for the homeless that need a place to stay. That is what I want to teach my students. That is what I teach my students every single moment. In -- in the words of our founding fathers, we are created equal, endowed with indelible rights that God has given us. That is because we're all human beings and in his eyes, we're all valuable. Thank you for listening. MAYOR TROXELL: Thank you. Next. MR. HARRISON: Thank you, City Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 22 of 100 23 CARPENTER REPORTING, INC. (303)752-1200 My name is David Harrison. I've grown up in Fort Collins. I have three young sons. And America is a place of great freedom. We have the freedom of speech. We have the freedom to peaceably assemble. We even have the freedom to go topless in our homes and up in the forest or other places. What happens when freedom impedes upon other freedoms or destroys them? We limit those freedoms. The freedom of speech is limited when it defames or becomes hate speech. The freedom of assembly is limited when it becomes violent. And things like that. So -- so people will say I want my freedom, but if that impedes or destroys other freedoms, like my family's freedom to go into Old Town or to participate in various events, that's destroying our freedom, as well. And that's why we limit freedoms in this country. Even something as -- as crazy as the freedom to murder, we limit that because that destroys the freedom of life. So that's what this, I think, is about. Also, there's a great danger. We have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 23 of 100 24 CARPENTER REPORTING, INC. (303)752-1200 the internet, we have cellphones. Businesses, schools have been talked about, but someone taking a photograph of someone topless and posting that to the internet, that could destroy that young woman's chances in business, in making money in her future. So this is -- this is going to go public more than you even realize, and this can hurt a woman, maybe a young college woman who's just doing this on a fling or a dare and someone takes a picture and it goes viral on the internet. That can be very dangerous. And we limit that now, so how is that going to affect our city? Thank you, very much for your time. MAYOR TROXELL: Thank you. Next. MR. GILLILAND: My name is Brad Gilliland. I'm a citizen here in Fort Collins who loves our city. I'm grateful to our City Manager, to our City Council, and to our Mayor for the sacrifice and the time that you make to -- that you contribute to make Fort Collins a great city. And what Fort Collins is today, in my opinion, is in jeopardy of being something very different tomorrow. I long for this city to progress in the areas of education, development, business, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 24 of 100 25 CARPENTER REPORTING, INC. (303)752-1200 the arts, but there is some progress that is not progress. It's detrimental to the growth and health that we all want for our city. Here's why I believe that changing the ordinance to allow for women to be topless is a movement in the wrong direction. One, fundamentally, the change implies that we're all -- we're trying to make men and women the same. While men and women are most certainly equal, they are uniquely distinct. This is important to mention because the issue at hand is not an equality issue. Two, I believe this change would not lead to the liberation of women, but, rather, lead to the degradation of women. This degradation is an open door to greater violence and abuse of women in our city. Three, to change the ordinance in the name of freedom isn't freedom at all. The change actually causes the freedom of others, those who don't approve of public nudity -- it causes their freedom to be infringed upon. Four, the family-friendly atmosphere that is so attractive in Fort Collins will change. Our city will lose the sense of family. Five, if this front -- if -- this is a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 25 of 100 26 CARPENTER REPORTING, INC. (303)752-1200 front door to other difficult issues that would eventually need to be addressed. What if an employer, restaurant, or retailer wants a dress code? Would that eventually be illegal? What are the short- and longer- term implications for City pools, such as Epic, Mulberry, City Park, neighborhood pools, and so forth, riding transport, attending churches, going onto community playgrounds and so forth? And finally, from the survey results on the City website, it's obvious that this is not what the majority of Fort Collins citizens want. Again, thank you for your sacrifices to our city. MAYOR TROXELL: Thank you, very much. Next. MR. SIMPSON: Hello, City Council. Thank you, very much for the opportunity to speak with you tonight. My name is Matt Simpson. I have lived in Fort Collins for 13 years. And right up front, I want to say that I oppose option No. 2 of this ordinance. I believe this option is not about decriminalizing the female breast as the ordinance proponents claim, but, rather, this option is about the desexualization of the female breast. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 26 of 100 27 CARPENTER REPORTING, INC. (303)752-1200 If you guys are inclined to consider option No. 2, I want you to consider the following four points as you think about it. More practical points. No. 1, if you approve this ordinance, would then touching a topless woman on her breast in public be no longer considered sexual harassment or sexual assault? No. 2, would, in this case, it now be acceptable to photograph an unsuspecting topless woman in public? No. 3, this proposed ordinance would make it confusing for children to understand which parts of their bodies are considered private and which parts of their bodies are considered public. And -- and fourth, I -- I request that, again, if you're leaning towards option No. 2 that you put this to a vote before the general public of the City of Fort Collins. Quoting Chief Justice John Roberts, people feel very different about something if they get a chance to vote on it. Thank you, very much for your time. I appreciate it. MAYOR TROXELL: Thank you. Next. MR. MAJESKI: Good evening, City Council. Nice to see you. I'm really appreciative of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 27 of 100 28 CARPENTER REPORTING, INC. (303)752-1200 all the work that you do. My name is Mitch Majeski. I'm a pastor in town. A dad of four. And again, grateful for all that you do. Grateful for the decision before you that you're weighing carefully. I would just say this: There's been a lot of articulate comment, and I would just add this one thing. We are dealing with the balancing of values. I appreciated our speaker before talking about the most important value here is human value. And so the ordinance -- the proposal -- option No. 2 -- sets forth an idea to advance human value or particular -- this particular gender, for female value. I would just ask you to consider not to reject the value, not to reject the idea, but to see if there's another way we could accomplish the same thing. I think that's really important for you to exhaust all of those opportunities before you vote on this. I am for option No. 1, and I'll keep it short. Thank you, very much. MAYOR TROXELL: Thank you, very much. Next. MR. HOAGLUND: Hello. My name is Aaron Hoaglund. I reside in 80521. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 28 of 100 29 CARPENTER REPORTING, INC. (303)752-1200 I've been through the slide show, so I have a little bit of criticism -- not towards you, Tyler -- but I think it may have been very useful to have seen some of what's coming possibly before some of the public input because what you're about to see is I think what a lot of people don't realize, which is that Colorado, as a state, does not criminalize toplessness. A lot of our neighboring cities -- I will try and remember exactly what I've seen. Boulder was brought up. Greeley was brought up. Denver was brought up. All in the slides to come. I think what a lot of people don't realize is that it's already legal in most of your neighboring cities for women to go topless. They already have the choice. They're not choosing to use it. That being said -- hopefully, I can get through this if I have the time -- we're looking at the results: 40 percent, 60 percent. If that number 40 percent is true, you're looking at roughly, given the 152,000 or so residents -- so says the internet -- that Fort Collins has, you're looking at about 56-plus- thousand people in the town, if that survey is representative of the population, who are for this measure of equality. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 29 of 100 30 CARPENTER REPORTING, INC. (303)752-1200 Historically, it's been the purpose of the law to protect those in the minority from the oppressive will of the majority. In this case, will you side with the majority as a show of democracy, or will you side with the minority who is seeking equal rights? With regard to the proposed Option 1, there is still problematic language with breast and buttocks being not clearly defined. And also, the word "breast" is used singular in Option 1, so I wonder if you intend to cite a young woman for having two breasts out or one breast out or just what? A lot of the clarification that we intended with this did not happen. Thanks. MAYOR TROXELL: Thank you. Next. MR. BURNS: Yes. My name's Ken Burns. I've been -- had the opportunity and the -- the honor to serve in this community, working with the justice system as a former chaplain at the Larimer County detention center, as one who has been a pastor in this community for many years, working with some of the toughest, hardened criminals in our community. And I've had a chance to get to know some of you that are on the Council over the years and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 30 of 100 31 CARPENTER REPORTING, INC. (303)752-1200 I appreciate your service and all that you have done. And I guess more than anything, as one who's also a father of two daughters, the word that comes to mind here more than anything else is the word "legacy." It's not only what we do here today that impacts our community today, but it's the choices that we make today that impacts our community for the future. We have an opportunity to choose today what our future looks like. What kind of legacy do we want to leave as a community? What kind of legacy do we want to have for generations? We get to choose today. And quite frankly, I want to leave a legacy because when it's all said and done, my wealth isn't going to go with me, my materials aren't going to go with me. The thing that's going to go with me is the legacy that I leave behind, the choices that I've made with my life, my reputation. Those are the things that I'm going to leave behind. And that's the most important thing when it's all said and done. Thank you. MAYOR TROXELL: Thank you, very much. Next. MS. SIX: Good evening, Council members and Mayor. My name is Samantha Six. And I'm from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 31 of 100 32 CARPENTER REPORTING, INC. (303)752-1200 80526. Before I jump into this, I'd like to just touch on a few things that I've heard tonight. In regard to this going public, No. 1, how many cameras are in this room right now? This story has already been represented on Associated Press and USA Today. It's public. Equal but different isn't equal. And there is no place for religion in a public forum. I'm here to speak in favor for equality. I'm here to ask you to decide in favor of allowing women to go topless in Fort Collins. The current rule sexualizes women in Fort Collins without their consent. And if you decide to only allow breast-feeding in public, while you will be in line with Federal law, you will be continuing to sexualize women without their consent. Not only are you sexualizing women, but, if you vote for Option 1, you will be sexualizing, stigmatizing, and potentially criminalizing girls as young as 10 years old. If you decide to do this, you will be contributing to the prep -- or the preparation -- perpetuation of rape culture and rape apology. There is no valid argument against granting equal rights. Women deserve and should have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 32 of 100 33 CARPENTER REPORTING, INC. (303)752-1200 the right to make decisions concerning their own bodies. By not deciding in favor of equality, you are saying women are less deserving of (sic) men. Right now, you have the opportunity to be leaders in the movement for equality and show that you believe all people should be treated equal. Finally, I want to tell you that even if you decide against equality tonight, this issue will not go away, and we will continue to fight for equality in Fort Collins until we are successful. And touching on another subject that I heard as I walked in this evening, I hope that I can take all of your words at ending discrimination in Fort Collins. Good evening. MAYOR TROXELL: Thank you. Next. MS. BURNS: My name is Janice Burns. I have two teenage daughters. One of them said if this passes, I don't want my fiance walking around town with me. They go to Old Town. They don't want -- she doesn't want him seeing other topless women. The FBI just rounded up over 100 sex traffickers and pimps, in this area included, and sex offenders and sex traffickers is not going to decrease if this is passed. It's going to only increase. My husband was the chaplain of a sex 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 33 of 100 34 CARPENTER REPORTING, INC. (303)752-1200 offender church and I know that they have extensive rules about what they can and cannot do. They cannot see, they cannot go this place or that place at this time or that time; all rules that are made by the parole board in order to keep them from going into -- leading them into temptation. This would fly in the face of all that the parole officers try to do and would flaunt what is causing them problems. We would have more sex offenders, not less. If a woman wants to breast-feed, women have been breast-feeding in public for centuries without the need to be topless in order to do it. It can be done discreetly and it has been done by everybody that I know that's ever breast fed, which is most mothers, so it is not necessary to be topless to breast-feed. And I have a question about the exception for performance venues. What does that include? Does that mean at New West Fest, it would be okay for people to be walking around or if you're on any stage anywhere? What does that mean? And I, for one, would not stick around this city. I would not work in this city. I would go far, far away where I did not have to come into this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 34 of 100 35 CARPENTER REPORTING, INC. (303)752-1200 city ever to be exposed to this because it's against my will. MAYOR TROXELL: Thank you, very much. Next. MS. NAZECK: Good evening. My name is Rosie Nazeck and I live on Camelot Drive. I have four small children. They are 8, 6, 4, and 2. And just a couple weeks ago, we were at the doctor's office doing a yearly checkup and the doctor said, Well, I'm going to sort of look you over, but you know that, you know, no one is allowed to look at these parts of your body unless they are your parent or a doctor? And she was -- she said to me, Have you had a conversation with your 8-year-old and your 6-year-old regarding what parts of their body should be covered? Have you given them the swimsuit talk is what she said? And what she was indicating, obviously, was that you want your children to know that the parts of their body that are covered by a swimsuit should not be exposed to the general public and to other people because there's a great chance of child pornography, child molestation, and just the ability for children to be exploited in that way. And having nudity in Fort Collins, having toplessness in Fort Collins, it's just one step 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 35 of 100 36 CARPENTER REPORTING, INC. (303)752-1200 in the direction of allowing this in -- you know, any sort of nudity in Fort Collins. And if we have this as something that's equal, as has been said before, we're not the same. Equal dignity is not sameness. I say to my children all the time, You don't always get what your siblings get because you are different or you're older or you're younger. That we all just have -- we're different because of who we are and what age we are or different -- differences like that. Thanks. MAYOR TROXELL: Thank you. Next. LYNN: Good evening. MAYOR TROXELL: Bring the microphone down and speak right into it. LYNN: Can you hear me? MAYOR TROXELL: That's good. LYNN: Okay. Thank you. My name is Lynn. And my husband and I have lived in Fort Collins for about ten years from Oregon. We came to this town because of everything it offers. It's a beautiful town. It's got so much to offer. Now, let me ask you this: When you guys -- and females -- when everybody heard let's free the nipple campaign, did you not laugh? Seriously? I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 36 of 100 37 CARPENTER REPORTING, INC. (303)752-1200 laughed until I realized this is really -- this is really something to discuss. I was shocked. I was flabbergasted. I just never thought I'd be here to defend the nipple, to keep it private. Morally speaking -- I know that one gal said, Let's don't bring religion into it. Okay. Well, let's -- I am a Christian, but I won't put religion into it. I'll just put morals into it. Morally, we are -- we as females -- we are known growing up that the breasts are used for two things: Sexual desire for men and for breast-feeding. It was never intended to just go and flaunt. If this passed -- and I hope that every one of you will look into your heart and think about your children, your grandchildren. If this passed, I can't go downtown. I would never take my grandchildren downtown. And that saddens me because it is a great city. There's just no -- no room for this. I hope you don't pass this. Thank you. MAYOR TROXELL: Thank you, very much. Next? MR. NAZECK: My name is Jacob Nazeck. I live on Camelot Drive here in Fort Collins. I'm the father of four young children, a husband. My wife and I have been here, raising 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 37 of 100 38 CARPENTER REPORTING, INC. (303)752-1200 our family because we love Fort Collins. It's a wonderful place for families. We have many, many friends who are also bringing up their young kids and we all brag to our siblings, our families, friends in other places about how much we love this city. I work very hard to raise my children in what I believe is the right way, to protect them from what seems to be a coarse culture. And I'd just like to point out that we already have many common-sense distinctions and laws in place regarding decency and the differences between men and women. We don't allow pornographic magazines to be on display at checkout lines in grocery stores and that's for the sake of my children. In our conversation about homelessness at the beginning of this meeting, there were distinctions between men and women, separate accommodations. No one takes issue with that. We all know, common sense tells us there are differences between the sexes. This law, the existing ordinance as it stands is simply an example of that. It's a -- a natural outgrowth of that. And so I would propose or encourage you please to simply maintain the status quo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 38 of 100 39 CARPENTER REPORTING, INC. (303)752-1200 as it is. Please do not change the current ordinance. Thank you. MAYOR TROXELL: Thank you, very much. Next. MR. PATCHEN: My name is Chuck Patchen. I live at 2513 Wyandot, 80526. I'm a business owner, father of two girls and two boys, pastor in this community. We, as Americans, are all counted as equal, created, endowed by our creator with equal rights under the law, equal in worth by people. This is not a debate about equality. Although being equal, we are different. We have distinct ways in which sexually, we are motivated, we are stimulated, psychologically and chemically. It's a well-proven and established fact. To endorse this, it changes your community for women and men. I believe it makes women less safe and increases abuse. Being a citizen of Las Vegas, Nevada, for 12 years, being on mission trips in Bangkok, China, Thailand, and in Serifos, Greece, where you have toplessness and nudity and sex trade, it -- it attracts different businesses. It changes your communities. It changes family life. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 39 of 100 40 CARPENTER REPORTING, INC. (303)752-1200 In these places where these events take place, you have a rise in abuse, in -- in sexual assault, you have a rise -- even economically in the workforce, it's diminished, and you begin to attract other trades. This doesn't just stay static. It begins to affect family life and personal life, but also businesses and how your city is -- is developed. I would advocate that you vote no on 2. Thank you. MAYOR TROXELL: Thank you, very much. Next. MS. DOZIER: Hi. My name is Rachel Dozier. I was born in Loveland and have been here in Fort Collins for about eight years. I work as a nurse here. I would just like to state that I am not in any way discriminated against or unequal because I keep my breasts covered and that is not where my identity comes from. I would like to just speak on behalf of a lot of the other citizens here, men in particular in Fort Collins, just to reiterate some points that have already been spoken. I spent a lot of time wading through unbelievable amounts of statistics, going over 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 40 of 100 41 CARPENTER REPORTING, INC. (303)752-1200 the fact that exposure to sexually explicit materials, pornography, which has been considered -- toplessness has been considered that to this point, and the rise of unsafe premarital sex, sexually violent behavior, increased sexually transmitted infections, unwanted pregnancies, abortions, everything that flows downstream from that. And just what has been pointed out already that there has to be a line drawn in the sand somewhere of what's appropriate. And that has already been drawn, as someone pointed out, the magazines in the stores are covered, but I can turn around and walk outside and I can see a fully unclothed woman? My husband and I are hoping to make Fort Collins our home, a place to invest. He's worked at CSU, getting his Ph.D. there. If this ordinance is passed, it would seriously hinder our ability to be invested to have a family to be part of this community if that is the atmosphere. So I ask you to vote no on option 2. And I just would like to end by saying that our rights and our freedom are not rights to the detriment of the other people around us. Thank you. MAYOR TROXELL: Thank you. Next. MR. SELKIN: Council members, Mayor, I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 41 of 100 42 CARPENTER REPORTING, INC. (303)752-1200 appreciate the time. I'm going to refer to you as lawmakers because that's what you're doing today. You're either going to keep the existing law or make new laws. MAYOR TROXELL: Your name, please. MR. SELKIN: I'm sorry. My name is Tom Selkin. I live in the Greenbriar Park area in District 1. MAYOR TROXELL: Thank you. MR. SELKIN: So I'm going to refer to you as lawmakers. And I've had many of my friends and -- comments are, What is the Council thinking? Don't we have better time to do other things? This is ridiculous. And then I come and see the two advisory commissions support Option 2. I do not support Option 2 and I do not support Option 1. I think the Council should leave it as is. But I thought about that question. Why are we here? What's going on? And the more I thought about it and what I've heard from other people here is there are differences. Everyone in this room knows there are differences between a male and a female. And we know that because it is part of nature. It's part of nature's laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 42 of 100 43 CARPENTER REPORTING, INC. (303)752-1200 And that's where you guys get your basis. There's been several quotes to the Declaration of Independence and I'll quote, laws of nature and nature is God. We know there are differences between men and women because nature tells us. And that's where you as a Council, our birth certificate, the Declaration of Independence, that's where you derive your power. It wasn't that long ago -- maybe a generation -- where public, our elected representatives, they understood natural law. And I'll use the Nuremberg trials as a perfect example 70 years ago. The Nazis on trial said I follow German law. You can't prosecute me. And the Nuremberg court said no, you violated natural law. Crimes against humanity. So you -- we are all subject to natural law. There's differences between males and females. Use that power, Council, and please vote no on both. Thank you. MAYOR TROXELL: Thank you. Next. MR. WAGNER: Thank you for this opportunity. My name is Fred Wagner. I've lived in Wellington for 17 years now. My wife and I do almost all of our shopping here in Fort Collins. We have date nights here in Fort Collins. And we have five kids 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 43 of 100 44 CARPENTER REPORTING, INC. (303)752-1200 that we like to do different activities down here in Fort Collins. Frankly, I'm quite amazed that we're even here to have this discussion tonight. It's just beyond the pale of what I consider normal thought processes of a civilized people. The measure of great cultures and civilizations, in my opinion, I think, that is borne out through history is the moral standards that they uphold. We've seen -- seen lately that these moral standards seem to be going downhill in the United States. And just because other cities and the State might do it doesn't necessarily mean, as somebody said, we have to jump off the bridge with them. I believe if you pass the ordinance, it's going to contribute to a downhill trend. I think it'll lead to disrespect for women, for men, and for children. And you know, I've not heard of -- very many, quote/unquote, religious comments made tonight. And if I was a religious person, does that discredit me from being able to talk? After all, even if I was religious, I'm a citizen of the country and of the state and of the county, so I don't think that has any bearing on it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 44 of 100 45 CARPENTER REPORTING, INC. (303)752-1200 Thanks for your consideration and for your time. MAYOR TROXELL: Thank you, very much. Next. MR. DUBOIS: Thank you. My name is Pat Dubois. I live in southeast Fort Collins in Councilman Campana's district there. And I want to thank you. This is my first City Council meeting and I'm impressed with what you do and thankful for the time that you spend. Initially, when I looked at the agenda, I thought these are boring issues and there are -- really, a lot of them, what you covered are very important things. They affect a lot of people's lives. I also want to thank the people that came here tonight. MAYOR TROXELL: Please keep your comments directed to us. Thank you. MR. DUBOIS: Let me put it this way: I am so impressed and so proud with the community that came out here tonight. They gave up, you know -- I had to consider giving up family time with my kids, they gave up time either with their family or personal things that they wanted to do to come down here because they felt it was so important. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 45 of 100 46 CARPENTER REPORTING, INC. (303)752-1200 I moved here almost 20 years ago because this was a -- the greatest place that I could find to raise a family in the U.S. I was relocating from overseas. In the process of those years, I've counseled many other people that were considering, you know, changing jobs and relocating to move to Fort Collins because it's a great place to raise a family. Okay? We all that have children struggle in today's society with raising young children. I have a 9-year-old and a 12-year-old. I agree that there are sexist orientations in this society that need to change. Okay? But you don't change them by throwing our innocent children into an environment that contradicts and conflicts with the moral values that we're trying to raise. Thank you, very much. MAYOR TROXELL: Thank you. Next? MR. LeVASSEUR: Good evening, Council. My name is Jason LeVasseur. I live in 80526. And I want to reiterate that I think it's very surreal. This just feels very surreal to me to be here talking about this issue tonight. Like it's actually here on the table, we're actually considering this. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 46 of 100 47 CARPENTER REPORTING, INC. (303)752-1200 And I just -- everyone has touched on just about everything I've had in my notes, so I don't even know if I'm going to read this. I don't know what to say. I'd just express to you that I don't think equality does mean sameness. It would severely alter my view of this city that I've lived in for almost 20 years if this Option 2 was passed. I -- I hope that you are not intimidated or only hear the two proponent voices here tonight and have that overshadow the majority of people who -- and not that majority makes right, but I think common sense does and just common decency. My first reaction when I heard about this was, What's going on? What are we coming to? Why are we even talking about this? And my wife is very against it and was -- I said, Honey, can I just record your rant and play it for everybody because I'm going to get up there and forget everything I'm supposed to say? But we have two daughters here and we do have decency standards. And I can't take my 9-year-old daughter to a PG-13 movie or an R-rated movie because there's protections there for her. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 47 of 100 48 CARPENTER REPORTING, INC. (303)752-1200 If you put a topless woman in print, that's considered pornography. And I don't want it to be -- to hold me back from walking up College Avenue because there's potentially -- you know, Fort Collins potentially has been turned into a topless bar. Okay. Thank you for listening. MAYOR TROXELL: Thank you. Next. DEBORAH: Hi, Mayor, Council members. My name is Deborah, and I'm a first-time homeowner and dog owner in Fort Collins with my husband and we've really come to love this city. And so as a citizen of this city, I would ask you to vote no to Option 2. As a marriage and family therapist grad student at CSU, I believe that male and female should be treated with equal rights and respect. And with that said, I believe that this ordinance would not allow for this -- that would allow for a woman to be topless would detract considerably from those goals. I highly question the motives and the reasons of the statement that women's breasts should be considered the same as men's. I believe many arguments have been made to that point, so I'll move on. So, for me, as an empirically based 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 48 of 100 49 CARPENTER REPORTING, INC. (303)752-1200 researcher that views family systemically within the context of society, I would urge you to consider -- reconsider supporting option No. 2. The effects on children and families of having topless women in public is not something that can be ignored. This is something that will expose unwilling children and can skew gender identity and sexuality in young children in a society that's already exposing and sexualizing our children at younger and younger ages. I won't -- research has shown that this can lead to greater risk for delinquency and depression in our children. Additionally, the potential anxiety that this would provoke in parents is something that would negatively affect parenting, marriage, and families in our city. In other ways, I really believe in instilling women's equality and rights and as a woman, I would like to say that this is not an empowerment of women. So please fight for supporting healthy, high-functioning families in Fort Collins by voting no to this change. Thank you for your time and consideration and your service to the City. MAYOR TROXELL: Thank you, very much. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 49 of 100 50 CARPENTER REPORTING, INC. (303)752-1200 Next. MR. RUSSELL: My name is -- my name is Tom Russell. I live on Fern Court here in Fort Collins. I moved here -- one of the reasons was that Money Magazine said that this was one of the top ten cities in the United States to live in. To tell you the truth, I don't believe the statistics you have up on that chart are accurate. According to my count, they're not even close, in this meeting at least. I -- I only found out about this thing this morning with a news report at 10 minutes while I was driving to school. I think there's a lot of people in Fort Collins that have no knowledge of this at all and I think that's why it's the -- the -- the statistics are skewed. I have all kinds of points here and these other people have hit these points. Before I moved to Fort Collins, for 14 years, I worked with at-risk teenage girls, from 11 years old to 18 years old. I want the Council to understand that every decision you make has consequences. And one of the horrible consequences of a decision to accept these options would be the crime rate increase in sexual crime here in Fort Collins. We 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 50 of 100 51 CARPENTER REPORTING, INC. (303)752-1200 would have to then deal with that. We'd have to allocate money. We'd have to allocate resources because of a decision that's made in the name of equality when I don't believe this has anything to do with equality. I think we need to make a decision and these Council members that these folks have voted for are to represent us, all of us together. And cities can have standards in that city. And I would beg you to consider your decision would be in the future, do we want Fort Collins to be known as a progressive radical city or a family-friendly city. And your decision on this Council will determine that. Thank you, very much. MAYOR TROXELL: Thank you, very much. Next? MS. HOXIE: Good evening. My name is Robyn Hoxie. I live on Pitkin Street in the northeast part of Fort Collins. Thank you for having all of us and for so patiently listening to all of us. I come to you all tonight as a mom. Well, sorry. Back it up. As a woman and also as a mother of four young kids: One girl, three boys. First of all, as a woman. I, first of all, do not feel threatened 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 51 of 100 52 CARPENTER REPORTING, INC. (303)752-1200 in my equality alongside men. My dad did a wonderful job of telling me I could do anything, and I still believe that to this day. I do not think that being topless or not topless would determine that for my future. I also think that toplessness or the idea of sexism here is maybe a little out of context for women. I think sexism maybe could be defined -- I don't know the definition personally. I could -- didn't look it up, but I think it has to do with the idea of making somebody an object used for sex versus -- like putting them as an object for sexual use versus like -- or women, saying, You only fit in this box. I don't necessarily think it is related to how we are physically coming across or physically how we're dressed. I personally do not want to reveal my breasts in public. I think they are very special and I would like to treat them that way. Secondly, as a mom, I am trying to raise my sweet daughter as a powerful, strong, passionate woman who is going to take on the day, and I don't want her hindered by anything. Secondly, my sons, I want them to treat women with love, honor, respect, and to put them in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 52 of 100 53 CARPENTER REPORTING, INC. (303)752-1200 place that they deserve, kind of on a pedestal. That's at least how my dad taught me. And so I think -- even my 5-year-old has an issue with wanting to touch body parts and so nudity wouldn't help that. Thank you. MAYOR TROXELL: Thank you, very much. Next. MR. YOUNGS: Thank you, City Council, for allowing me to speak tonight. I'm Leif Youngs, and I live over in the Campus West district area. I've lived there for almost 15 years now. And I came here because I wanted to go to CSU and I've been trying to get away from CSU and Fort Collins, but it keeps drawing me back. It's such an awesome city because of a lot of what you guys do. I was thinking about what to say while standing in line and a lot of people have said a lot of things I wanted to say. What came to mind was three struggles women have had in the course of history. One was the right to vote. We wouldn't think any differently about -- if we banned the right to vote today, there would be outcry, there would be riots. We wouldn't do that. Second was the right to run the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 53 of 100 54 CARPENTER REPORTING, INC. (303)752-1200 marathon. If we banned that today, there would be -- there would be riots. Third is what's currently happening. It's equal pay for equal work. We want that to be equal. Fourth is now, we want women just to be equal. If they could take off their shirt, that would give them all the power in the world. But would they do it? I don't think they would. I think just knowing they could do it and be equal to men would give them -- would give them power. And lastly, I think guys with their shirts off, half of them are pretty disgusting, so I think some guys should keep their shirts on. Some girls can take their shirts off. That's their choice. But let's give them equal power, equal rights. Thank you. MAYOR TROXELL: Thank you. Please, no -- next. MR. HOUSER: Hi. My name is Dan Houser. I live at 1105 Kirkwood Drive here in Fort Collins. Moved here just a couple years ago. I love the city. I came back here after eight years of serving in the military. Wanted to go to school and so now I'm a student at CSU. 30 years old. Married to an amazing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 54 of 100 55 CARPENTER REPORTING, INC. (303)752-1200 woman who is back there. She's there with my little boy who is nine months old, so I'm going to have fun raising him up. I think raising him up -- I'm probably not going to be here in two years, but I would love to think that the City of Fort Collins is as great in 10 or 15 years as it is now. And I definitely think that allowing women to walk around topless is definitely not going to get toward that goal. I think -- I'm not going to say it nearly as eloquently as so many of the people here have said it, but they have just knocked off the list of things that I wanted to say. I think there's a million other things we could say, but, in the end, I think what people have really come down to is it's not about equality. It seems like it's really about the agenda of the minority trying to dictate how the majority live, and I think that's totally wrong. I think if you really want to live in a way that's so specific to you, go somewhere else and do it. Don't force everybody else in the City of Fort Collins to live the way that you want to live because -- what -- two people have come down and talked -- or three people, maybe, have said that they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 55 of 100 56 CARPENTER REPORTING, INC. (303)752-1200 would support this, and I think the majority of the people here that -- that don't support this are the people who are going to be here in 10, 15, and 20 years. So thank you. MAYOR TROXELL: Thank you, very much. Next. MR. COVIAS: Hi. My name Luke Covias, and I have been a resident here in Larimer County for 33 years. I've been in Fort Collins for six years. I have two children in this community. I've also founded an organization here in Fort Collins called Stand Firm Colorado. And what we do is we educate K through 12 on the impacts of drugs. And so I just don't feel it's in our community's best interest to have to try and educate and empower and encourage these kids to make positive decisions when faced with -- with this -- with this ordinance. So I hope that you guys stand firm with me and vote no on this ordinance. Thank you. MAYOR TROXELL: Thank you, very much. Next. MS. KISLING: My name is Erin Kisling. I've been a resident of Fort Collins and the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 56 of 100 57 CARPENTER REPORTING, INC. (303)752-1200 surrounding area for about the last 17 years. I come to you as a woman and a mother of four daughters, ages 14, 12, 8 and 6. I'm adamantly against allowing women to go topless in public. Men and women are different, period. A man's chest is not the same as a woman's chest. The society we live in today is, unfortunately, hypersexualized and there is a billion-dollar porn industry both supporting and promoting it. Walking around public where -- bearing naked breasts is not creating equality between men and women. These points have been touched on numerous times tonight. For my daughters, I believe that they deserve to be noticed for who they are. I teach them that they are to be noticed for their given talents, their intellect, not as the sexual beings that society treats them as. They deserve respect. And this is not asking for respect. If only this issue was as simple as seeking equal rights for women. And it's not. We must ask ourselves what doors would be opened should this pass. Would it then give the pornography industry a foothold to say that they should be able to display their magazines without the required plastic cover? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 57 of 100 58 CARPENTER REPORTING, INC. (303)752-1200 After all, it's only breasts that are being revealed. Is that what we want our children to see when they walk into a gas station? It is so much more. It's about decency, respect, protecting oneself, teaching our children the value of their body and not giving in to the few who seek to cause noise and a shock factor. MAYOR TROXELL: Thank you, very much. Next. MS. AMUNDGAARD: Good evening, Council members. Jamie Amundgaard. I live just outside of the town in Timnath, but 90 percent of what I do is in Fort Collins. My shopping, my spending, my dollar already comes here. And so I speak to you first in that course. I am a mother. I am an involved community member. I am a voter. And I have a small business. And because of that, I really want to look at what's going to happen to the businesses that are here. Personally, as a mother with two small children, it's going to change where and how I shop. It's going to change where I spend my time and my money. I moved here because Fort Collins has a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 58 of 100 59 CARPENTER REPORTING, INC. (303)752-1200 reputation for being a family-friendly -- friendly environment. The Fort Collins police spoke last night at my son's school and did an amazing seminar on internet safety for our kids. And one of the things that struck me today as I was considering coming tonight was that Officer Maynard talked about the laws that impact our children and they don't realize these laws. And a picture can be snapped of a woman with her breasts exposed and it can be sent to another child and it has ruined that child's life. It's a felony. So we have laws that impact this for our children. We are strengthening our laws for our children from unwanted nudity, lewd things; right? So we are trying to create this as a community and move forward through these things. So we're strengthening our laws, and it feels to me that this ordinance -- particularly Option 2 -- is absolutely going to be in direct conflict with the laws that we have in place to protect our children. Also, one comment on the form that came out, I know a lot of the IP addresses were different. My question is if I lived in Fort Collins and received that survey, I would have voted and my husband would have voted. And were those two things taken into 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 59 of 100 60 CARPENTER REPORTING, INC. (303)752-1200 consideration, or were a good portion of those surveys that were thrown out mothers and fathers together at a home? MAYOR TROXELL: Thank you, very much. Next. MR. ELLIOTT: My name is Tom Elliott. And I want to ask a question. In this sensationalized 24-hour media, you do realize that this will make national news. My question would be is this the kind of news you want to produce and is this the -- is this what you want this city to be known for? This is Fort Collins. We don't need to be Boulder or some other city. I'm a cofounder of an organization called Life For The Innocent, and we're involved in the rescue of women from sex trafficking. There's a clear connection between human trafficking and pornography. Many of the women trapped in that world simply do not want to be there. They are exploited by men. Men who make money off of their nudity. These same men then market the nudity of these women to an audience of men. These men pay billions of dollars each year supporting this, an industry that exploits women. Common sense says that these men would love to see women walking around topless. They would 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 60 of 100 61 CARPENTER REPORTING, INC. (303)752-1200 love for their behind-closed-doors virtual world to become reality. In an attempt to gain a right, women would be giving a right to these same men. This would not be a step forward for women's rights. It would be a huge step backward. Therefore, I urge you for the sake of the city, more importantly for the sake of women, please do not legalize toplessness. Thank you, City Council, for all you do. MAYOR TROXELL: Thank you, very much. Next. MS. HOAGLUND: Brittany Hoaglund, 80521. As the figurehead of the topless equality movement in Fort Collins, I've witnessed really terrible things. I've watched people say that women deserve to be raped. I have been called an exhibitionist, a slut, that I too deserve to be raped, molested, and otherwise assaulted. It seems nothing will show you misogyny quite like fighting for women's rights. It's sad that hasn't changed, yet despite how we stand with the shoulders of giants who got women and the LGBTQIA this far. I've also seen you all get financially blackmailed, which must be scary, considering how much 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 61 of 100 62 CARPENTER REPORTING, INC. (303)752-1200 financial responsibility you have to the city. I hope you're listening, everybody, because you all need to hear this the most. People who have the same rights as men will not hurt you. No woman, no nonbinary, no trans person will bring you bodily harm for having the right to choose. There will be no bruises, no cuts, no stolen property. You will be safe. But for these other people, it is not safe. Feminine upper body parts are objectified and used to sell everything from cars to fast food, yet when a person outside a picture or video chooses to show or not show, we get shamed, harassed, raped, murdered. In this case, we could also be fined and jailed. People deserve what you have: The right, the safety, the power to determine what we do with our bodies. It's just a choice. It's just a right. And it won't hurt you. Only making an exception for breast- feeding mothers will not stop the harassment these women face. It's a Federally protected right, yet mothers are still spit on for being indecent. Doesn't that say a lot? How these weapons of mass nutrition are only seen as raunchy, despite how they carried our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 62 of 100 63 CARPENTER REPORTING, INC. (303)752-1200 species through famine and war and abundance. Think of the children. Teaching the children that the breast is not sexual, that women should have freedom and autonomy over their bodies as men do and being exposed to such can prevent children from developing harmful sexist conclusions about the human body, that's your job as a parent. Teach them equality. Teach them the women, LGBT are just as much people as men. MAYOR TROXELL: Thank you, very much. Next. MR. HALL: My name is Patrick Hall. I live in the Campus West area. For some period of time, the male upper body was just as criminalized, if you will, as the woman's body is today. It's a psychology that we're having about how the women upper body is so foreign from society, and as one said earlier today, the -- there are some people who should not walk around with their shirt off. And it's more so about giving these people -- these women a choice, not about making it a stand up for something that's not about equality. It's completely about equality. It's about trying to -- as Brittany said, about trying to find a -- a source of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 63 of 100 64 CARPENTER REPORTING, INC. (303)752-1200 how people are finding -- a source of why people are sexualizing the body when it can be sexualized, but is simply a form of feeding youth. I do -- I personally don't even really care whether or not the female body is exposed in public. However, obviously, some people do care. There does, however, need to be a movement for women being defended on this issue with objectification. Thank you. MAYOR TROXELL: Thank you. Next. MR. SMITH: Good evening. My name is Scott Smith, 805 -- 80525. Thank you for your service. I just wanted to say I'm also astounded, along with many other people who are in this audience, that this is an issue that is taking up the time of the City Council. I'm looking at the City Council -- or the Fort Collins City's values, mission, and vision for the City: Values which include outstanding services, innovation and creativity, respect, integrity, initiative, collaboration, and teamwork and stewardship. I'm fighting to -- to fit this particular ordinance into those values. As I look at the 2015-2016 strategic plan, I'm also having a hard time trying to fit this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 64 of 100 65 CARPENTER REPORTING, INC. (303)752-1200 particular -- these particular options, other than Option 0, keeping it the same, into that vision: Specifically, community and the liveability of our neighborhoods. I'm not sure that this particular -- especially Option 2 fits in with that whole idea. I had the opportunity to live in Sao Paulo, Brazil, for an extended time, and I can tell you that the public nudity there is much freer and more liberal than many of the cities that we have in the United States, and I can tell you that it -- it contributes to the rawness or the -- I would say danger that many of the people in that city face on a daily basis. I think that it's important to realize that progress is important. I'm all for progress, but progressing are the things that refine us, I'm a little bit reluctant to do. Thank you for your time. MAYOR TROXELL: Thank you. Next. MR. STRALO: Hello. My name is Cole Stralo. I'm a resident of Fort Collins. And I would ask you, Council, not to implement Option 2 because I believe that female breasts are sacred. It's been suggested tonight that to prevent a woman from exposing her breasts is to sexualize her. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 65 of 100 66 CARPENTER REPORTING, INC. (303)752-1200 I looked up the definition for sexualize. It is to make sexual, attribute sex or a sex role to. And I would submit to you that no human has the ability to, quote, sexualize another human. No human has the ability to give a sexual role to another human because we did not make ourselves. It was not our idea to create sexuality. It's a God-given thing that's beautiful and is sacred and it does not demean women to tell them that they are not allowed to expose these things that are sacred and God-given. And I'd urge you to consider that and not to do this. Thank you. MAYOR TROXELL: Thank you. Next. MS. SMITH: Good evening. I'm Lisa Smith in southeast Fort Collins. I love living here. I think it's just as important to consider how we come to conclusions and why as it is to consider the conclusions we come to themselves. I've heard a couple of things tonight that lead me to think that we need to consider how we're going to come to this decision as a city. First of all, the definition of nudity that's being proposed for this change is that it be considered waist down. That's today. What's to say if we set the precedent now of nudity, top up is not okay, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 66 of 100 67 CARPENTER REPORTING, INC. (303)752-1200 but that in two or three years, when somebody decides we should all be able to just run around buck naked for whatever reason, we've set a very dangerous precedent. That's one of the things that the Supreme Court considers when they are making a decision. What's the precedent. So if we don't like the idea of someday all of us just running around in our birthday suits, I think we ought to give some strong consideration to not setting a precedent now. I also think that the argument that everyone else is doing it has never been a solid argument. As a parent, I don't care how many of my kids' friends are doing something illegal. My child will never be allowed to do that thing because it's wrong, not because all their friends are doing it. And if Fort Collins is the only city in this country that doesn't support public nudity, then I will gladly live here, and I think we will attract a high caliber of human being. Three, if we're going to keep coming back to the argument, then we will keep coming back to defend it. No matter how long my child has a tantrum, I will say no when no is the appropriate thing to be said. And finally, if equality is the thing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 67 of 100 68 CARPENTER REPORTING, INC. (303)752-1200 that will make people on the other side of the argument feel better, then let's raise the standard and say let's all put our shirts on and be modest. Thank you. MAYOR TROXELL: Thank you. Very much. MS. HOLLINGSWORTH: Scottie Hollingsworth. I'm at 80525. I wrote an email earlier today. And Kristin, you responded and I appreciate that. There have been a number of wonderful things said this evening, but I think, most importantly, it is important to point out that when Brittany was interviewed by CBS News, she indicated that she may not even go topless. So for someone who was fighting so hard for something may not even actually do it, that leaves it very questionable in my mind. She says she wants to be chipping away at gender equality. She mentioned earlier, doesn't want women objectified. I can't see how you would be more objectified as to walk down the street topless. You're not wearing anything. A man is not going to look at you as the beautiful person that you are made to be if he's completely distracted by your breasts. It's not appropriate. It's not decent. It's not right. And I think that everybody in this community knows that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 68 of 100 69 CARPENTER REPORTING, INC. (303)752-1200 If she doesn't appreciate it, she can move to Boulder. Elsewhere. Thank you. MAYOR TROXELL: Thank you. Next. MR. CRANE: Hello, Council. My name is Andrew Crane. I live on Gunnison Drive in Collins. I think the recurring thing I've been hearing tonight that makes a lot of sense to everybody is fear. I guess to be corny and quote my favorite philosopher Voltaire, he said it would be better to let free a man of guilt than to incarcerate a man that is innocent. And I think what he really means by that is that these things are hard. This is a hard subject. This is something that's been in our society for a long time. But equality is equality. As a man, if someone told me I couldn't take my shirt off, I'd flip out. How did we get to this point? It's man's fault. The most dangerous thing to a woman in this world is men. It's us that needs to change. It's us that needs to say it's okay. Women are feared to take their shirt off because they don't want to be ridiculed. They want to be seen as something that you can talk to that has a brain. I mean, I've made love to men and women, so I've seen very different insights for myself in a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 69 of 100 70 CARPENTER REPORTING, INC. (303)752-1200 different way. I -- I've heard a lot of religion here, too, which I actually do believe in a God sometimes and I do realize that I think God put Adam and Eve on this earth naked at first because they were good. They screwed up and had to put clothes on. It kills me that we can't get to the point in society that we see people as so beautiful that we can actually envision people walking by naked and I can walk by a woman and look her in the eyes and just everything is fine and get past that. There was a time in our society where having an ankle out would have been something wrong, but we have gotten past that. And it's going to be hard. It's going to be terrifying. But unless we actually do it and dream of something better than we actually are, we're never going to get there. We'll always stay here in this parochial view and never aggregate real love. And it kills me. So thank you for just listening and I know this is a hard subject. MAYOR TROXELL: Thank you. Next. MR. KNOBEL: Monte Knobel. 80524, Fort Collins. Resident for a long time. Father, husband. Grandfather. And I appreciate all of you. Thank you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 70 of 100 71 CARPENTER REPORTING, INC. (303)752-1200 for your consideration on all this. A couple of things that I haven't heard yet. One is, on the printed document, there's a lot of yellow space. Does that stay in the proposal? And if so, the yellow highlighted, which tells that the public is a right-of-way, a natural area, recreation area, or trail, recreation center, public building, public square, wherever, while located in any other public place, private property, if the person is in a place that can be viewed from level ground by another and on and on and on, do those comments stay in the proposals? Okay? So there are -- it -- it seems if that's true -- and I am speaking -- asking you to vote for neither of these two, but to just totally absolve it and leave the issue where it is. If these things eliminate most of the public places, I don't know where someone wants to be public with their toplessness, so that needs to be clarified for me. The bigger issue for me and perhaps for you and for us is where it says Section 17-142, "public indecency" is crossed out, "nudity" is brought in. I think the definition of those two terms and the importance of those two terms is very vital to the discussion and to the future of Fort Collins. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 71 of 100 72 CARPENTER REPORTING, INC. (303)752-1200 Nudity is simply an observation of clothes or no clothes. Decency is something a whole lot more. It goes to morality or immorality. And I think the big issue is what or who decides what that is. I hope the media will speak and portray us as -- MAYOR TROXELL: Thank you. Thank you. Next. MR. MESSERLY: Good evening. I'm Eric Messerly. I haven't lived here for very long, but I do want to say that as a young man who doesn't take part in that billion-dollar industry, I do seek to cherish and honor women, and I don't think them walking around topless is part of that. I love my wife very much. It won't help me personally. I don't want to walk around Old Town and have to divert my eyes to continue cherishing my wife and cherishing our relationship together. So I do believe it is damaging. And I don't think that walking around topless is going to help anybody cherish or respect women. Thank you. MAYOR TROXELL: Thank you, very much. Next. MS. HAYS: Hi. I'm Christine Hays and I've lived in the city for 40 years. I'm currently a member of the Human Relations Commission, but I'm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 72 of 100 73 CARPENTER REPORTING, INC. (303)752-1200 speaking as a citizen tonight. And I just wanted to make two points. On page 7, it reads -- on Option 2, it says Option 2 would update the code provisions by allowing female toplessness within the city and specifically prohibiting all nudity below the waist for both sexes with certain limited exceptions. That's not written up there under that Option 2, so I would ask that you clarify what "with certain limited exceptions" might be before you take a vote on it. The second thing that I had wanted to point out is no matter what you do with the provision, is that the way that our indecency or our nudity statute is written or ordinance is written right now, any woman that is exposing cleavage, part of her breast from the side, a little bit from below, any part of the breast at all, she's in violation of the ordinance. So even though everybody is focusing on nipples and toplessness, you need to understand that what we have right now is a version that many, many women that we know and people that we care about are in violation of already. Thank you. MAYOR TROXELL: Thank you, very much. Next. MR. TRAPP: Jimmy Trapp over on the -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 73 of 100 74 CARPENTER REPORTING, INC. (303)752-1200 over on Alfred Street. I came with nothing prepared, so I hope this comes off clearly enough for you. But as an artist who is frequently drawing both male and females in the nude, I'm able to separate what I can sexualize and what I -- what I choose to sexualize and what I choose not to sexualize. This makes -- this leads to a -- making me question is this issue more about what's natural and -- or what's culturally constructed? This idea that's been brought forth about allowing women to be topless out in public is based on this culturally constructed idea that the female breasts are indecent, somehow naturally indecent, and to cover them up is what should be continued on. And I believe that because it's a culturally constructed idea, that to move forward in a -- in a -- for a movement to allow them the choice, the option to go out in public without their shirt on if they choose to do so is a good step into showing that the female breast doesn't necessarily have to be sexualized. So thank you, very much. MAYOR TROXELL: Thank you. Next. Last speaker. SUSAN: My name is Susan. I live on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 74 of 100 75 CARPENTER REPORTING, INC. (303)752-1200 southeast side of town, 80525. First of all, I want you to know that when you took out people who did the survey from the same address, you took out a lot of people from our household. We have a large family. We have people sometimes living with us who are citizens here. We have adult children. And so for all I know, if you did that to all the other large families we know, you really skewed the -- the results. I want the people here who are for public nudity to know that when there's a law against nudity, I don't live in fear. I don't think this is a hard subject. I think it's a clear subject. I feel protected and I feel honored. If you want to feel honored as a woman, I would find a man who has been trained not to gawk at other women, not to devalue them, but has waited for the special relationship where he only looks at one woman. I was standing back there, thinking about diamonds and how the reason -- one of the reasons they're so valuable is because they're rare. And I think it's rare these days to have a relationship where both people in the couple value the other person and save themselves for the other person. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 75 of 100 76 CARPENTER REPORTING, INC. (303)752-1200 MAYOR TROXELL: Thank you, very much. Now, I'd like to thank everyone for speaking tonight and their comments. We're well past our normal break time, so we're going to take a break for 10 minutes and reconvene about 8:31. And at that time, Council will have a conversation, make a motion, and then -- and then go from there. So thank you, very much, and we'll adjourn -- we'll break until about 8:31. Thank you. (There was a recess taken.) MAYOR TROXELL: Thank you. We're back for Item No. 18. We're bringing it back to Council for questions and discussion. Mayor Pro Tem Horak. MAYOR PRO TEM HORAK: Yes. Thank you, Mayor. Ms. City Attorney, could you -- the first one -- answer is -- they had a question about what does the yellow highlighted mean on the two options? MS. DAGGETT: On the two options, there are two kinds of markings. One is there are words that have a line through them, which is striking out existing code language, so it would be removing language from the current code. And any new language that is proposed to be added to the code is shown in yellow. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 76 of 100 77 CARPENTER REPORTING, INC. (303)752-1200 MAYOR PRO TEM HORAK: And a couple others. One is what -- why did you suggest us making a change to nudity over indecency? MS. DAGGETT: The reason for that is that there is a State law related to public indecency which actually addresses a much broader range of offenses and includes certain kinds of activities. And because our provision really only relates to whether or not someone is clothed, we thought it would be less confusing to use a different more exact name for our local provision. MAYOR PRO TEM HORAK: And another question that was asked was about what's the -- either the case law or your -- I don't know -- I don't want to say your opinion, but why -- included in the thing about performances being done and what that means for this particular ordinance. Performance venues. MS. DAGGETT: Right. Performance venue is actually described in the language of the ordinance. It's described to mean theater, concert hall, museum, school, or similar establishment to the extent the same is -- excuse me; I should look at the exact language -- serving as a performance venue. That language is -- has been proposed because there's expressive activity in those types of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 77 of 100 78 CARPENTER REPORTING, INC. (303)752-1200 venues that we specifically identified as activity that should be permitted, given the other legal constraints on the City's regulatory power. MAYOR PRO TEM HORAK: Just -- are there any other parts of ordinance No. 1 -- Option No. 1 that there were changes made because of your review and other staff review of the -- the existing ordinance that has been around for a very long time versus what current case law is, et cetera, dealing with these subjects? MS. DAGGETT: We specifically added breast-feeding as an exception because of the State law that identifies breast-feeding as a protected activity. We also specifically -- let me just say, each of the exclusions was identified as something that we have seen in other laws, in other jurisdictions, which it was our understanding the City was not intending to make illegal. For example, if someone needs medical care and their clothes are removed in order to give them medical care in a public place, the reaction that we've had uniformly to that is no one would intend that to be a violation of our code. Similarly, children under 10 tend to be treated with a slightly different standard than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 78 of 100 79 CARPENTER REPORTING, INC. (303)752-1200 grownups or older teenagers. So we suggested that children under 10 not be subject to this provision. There are a lot of other issues related to children that sort of tie into that. And so what we were mostly trying to do is to eliminate aspects of our current law that actually include places that we don't believe it was intended people would be prohibited from being nude. Another good example is a locker room in a gym, where, clearly, in order to shower, someone needs to be nude. That's not -- it doesn't violate decency standards in the same way it was understood the rest of the sort of public places in the city would -- would tend to. MAYOR PRO TEM HORAK: Thank you. MAYOR TROXELL: Thank you. Gino. COUNCILPERSON CAMPANA: Thanks, Mayor. First of all, I was going to tell Tyler you did a great job on your presentation. I think the first one you've had before the Council. I see the City Manager picked a real easy one for you to start out with. You can thank him later. But you did a very good job. The Human Relations Commission, when I was reading their recommendations, I was puzzled initially, but I think some light was shed on that tonight. And I'm now wondering if we have a challenge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 79 of 100 80 CARPENTER REPORTING, INC. (303)752-1200 of definition. I looked at -- or you provided to us what Loveland has in their ordinance with female breasts below the top of the nipple, and that makes sense when we look at the entire breast in our ordinance -- our proposed ordinance and the fact that we -- yes, we do expose the top of breasts commonly today. I'm guessing that's why Loveland specifically added that into their ordinance. And the State didn't define the breast, but added "lewd," so almost like it was behavioral- based. And we have neither of those, really. Neither -- ours is not as clearly defined, I think, without this definition of further defining the breast or the behavior. Could you speak to that? MS. DAGGETT: The specific definition of what parts of the breast need to be exposed in order to violate the code, we did not really delve into that, just because there had not been a lot of discussion about that particular aspect. Certainly, we could add to our language something that would define that more narrowly. So I think if Council is interested in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 80 of 100 81 CARPENTER REPORTING, INC. (303)752-1200 being more specific, I think that is language that would be fairly easy to add, even on first reading, to the code. The second issue which relates to the State law actually gets to a point that I think was noted by the Human Rights Commission because the State law actually calls for an intent. It actually requires that the exposure be with the intent to arouse or to satisfy the sexual desire of any person. So, in fact, rather than just gadding at somebody who happens to be naked or topless, it actually gets to somebody's intent, the purpose for which they're in that state. That is another thing that we could add to our code. We don't currently have that and that's not been in our code. It -- it is in the State law, so, in fact, behavior that violates that State law is still illegal under State law, whether or not it's a violation of our City code. COUNCILPERSON CAMPANA: That helps. Thanks. MAYOR TROXELL: Ross. COUNCILPERSON CUNNIFF: Just to be clear on that second point, regardless of what the City does, the State law applies, and our police would be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 81 of 100 82 CARPENTER REPORTING, INC. (303)752-1200 authorized to issue tickets, which would stand up in a court of law? MS. DAGGETT: That's correct. COUNCILPERSON CUNNIFF: Thank you. MAYOR TROXELL: Kristin. COUNCILPERSON STEPHENS: Yeah. In that same vein, what is the penalty for someone who is topless? MS. DAGGETT: I think what I might do is defer to -- Bronwyn was here. Yeah. I think we can provide that information here in just a moment because I don't want to jump in. We have a range of penalties in municipal court. We would need to look at the court's municipal court fine schedule in order to tell you exactly what a first offense for a violation of this provision would be, so we'll work on getting an answer to that. MAYOR TROXELL: Thank you. Gino, would you -- COUNCILPERSON CAMPANA: I'm prepared to make a motion if there's no other questions. MAYOR TROXELL: Ray? COUNCILPERSON MARTINEZ: I had a couple questions. Did the Humans Relations Commission do a public outreach to the community when they made their 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 82 of 100 83 CARPENTER REPORTING, INC. (303)752-1200 decision? MR. MARR: It's not my understanding that that occurred, Ray -- or Councilman Martinez. COUNCILPERSON MARTINEZ: Okay. And did the Human Relations Commission and the Women's Commission -- I guess both of those spoke out. Did either of them do an outreach at all? MR. MARR: No. The Women's Commission just weighed their opinion in via email; whereas, the Human Relations Committee voted on it at their last meeting. COUNCILPERSON MARTINEZ: So without seeking anyone else's outside outreach of any sort, then, they just decided that's what they wanted? MR. MARR: To be fair, I think that it was on short notice from us, just trying to seek their input. That could have something to do with it. COUNCILPERSON MARTINEZ: Did they request to do further outreach? MR. MARR: Not that I'm aware of. COUNCILPERSON MARTINEZ: Okay. And then, for the City Attorney's office, when someone buys a Playboy magazine over the counter, do they have to be a certain age by law? MS. DAGGETT: That's an issue that we've 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 83 of 100 84 CARPENTER REPORTING, INC. (303)752-1200 been confirming, and I believe there is a State law that prohibits the sale of certain types of publications to minors. And I would look to Bronwyn Scurlock -- Assistant City Attorney Bronwyn Scurlock, who is coming down to the mic to respond to that question. MS. SCURLOCK: I'm sorry. Could you repeat -- could you repeat the last question, please? COUNCILPERSON MARTINEZ: Do -- do magazines showing nudity -- is there an age limit to what person can buy it? Purchase it? Like Playboy, for example, that shows breasts? MS. SCURLOCK: Yes. I believe the State law prohibits the sale of pornography to minors. COUNCILPERSON MARTINEZ: Okay. Is that the term it uses? Pornography? MS. SCURLOCK: Yes. COUNCILPERSON MARTINEZ: Okay. So anyone under the age of 18 can't be exposed to pictures of breasts; right? MS. SCURLOCK: Cannot be exposed? COUNCILPERSON MARTINEZ: To pictures of breasts in a store; right? MS. SCURLOCK: That's correct. COUNCILPERSON MARTINEZ: Or pornography. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 84 of 100 85 CARPENTER REPORTING, INC. (303)752-1200 So -- MS. SCURLOCK: I believe the statute refers to it as obscenity. COUNCILPERSON MARTINEZ: Obscenity. That's considered obscenity for people under the age of 18. So how do we control that if kids are walking downtown, high schoolers or whoever and a woman decides to go topless if we pass this? We have no way of controlling that. What's the difference? I mean, a picture versus live obscenity? Are you following what I'm saying, or did I lose you? MS. DAGGETT: I think, as a practical matter -- I mean, there is actually a difference between a person naked and a publication. Not to opine on the sort of policy choice between those two things, they are distinguishable. COUNCILPERSON MARTINEZ: Right. So if we have -- if we can't allow for people under the age of 18 to see it in picture format, why would we allow them to see it live downtown? MAYOR TROXELL: Please refrain. Thank you. COUNCILPERSON MARTINEZ: If -- well, I think you answered my question. I think I got clarity on that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 85 of 100 86 CARPENTER REPORTING, INC. (303)752-1200 The -- the other point, I guess -- hang on. Let me -- let me see a thought here. MS. DAGGETT: One thing that I can add while you're thinking -- I'm sorry -- COUNCILPERSON MARTINEZ: Sure. MS. DAGGETT: -- is that on the municipal court fine schedule, a violation of Section 17-142, which is the section currently entitled public indecency, is a -- calls for a $250 fine on the first offense. COUNCILPERSON MARTINEZ: Okay. And right now, for things that are prohibited from people of a certain age, we designate them to go to certain sites for that? In other words, if you want to drink beer, you have to be 21, so you have to go to a location that's for 21-year-old people only. We don't make it public for people just to drink out on the street like that, unless they have a licensed perimeter and they get a special permit. And the same way with marijuana stores, we do the same thing. You have to be a certain age to walk inside the establishment, etc. That's just what I'm trying to say. It just seems this would be contrary if we went the other way. If we're going to do something like that, it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 86 of 100 87 CARPENTER REPORTING, INC. (303)752-1200 should be -- I don't want Fort Collins to be a strip club. I want there to be a strip club somewhere else. Not Fort Collins becoming one. MAYOR TROXELL: Now, please. Council -- COUNCILPERSON MARTINEZ: That's the end of my questions. MAYOR TROXELL: Thank you. Okay. Gino? COUNCILPERSON CAMPANA: Thanks, Mayor. I make a motion that we approve on first reading Ordinance No. 134-2015, utilizing Option 1 with one caveat. I would like to add the definition of a breast similar to Loveland; that being female breasts below the top of the nipple or something along those lines that I -- I defer to you for proper legal terms for that. MAYOR TROXELL: Motion. Is there a second? COUNCILPERSON CUNNIFF: I'll second it. MAYOR TROXELL: A motion and second. Any further discussions regarding the motion? Gino, do you want to follow up? COUNCILPERSON CAMPANA: Well, I'll say, first of all, thank you for everyone coming out tonight and the emails and the phone calls. There's many times where we sit up here for five, six hours after reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 87 of 100 88 CARPENTER REPORTING, INC. (303)752-1200 several inches of -- of material and at times, you scratch your head and think, What am I doing up here? And I learned a lot tonight. I've learned a lot through this issue. The first time I was emailed on this issue, I thought it was just a random email and it was going to go away. And I've had many discussions with my own family and friends and community members about it and, at a bare minimum, I think that it's brought people together in talking about what we cherish in Fort Collins and who we want to be in Fort Collins. I think the dialogue should continue. There's obviously some -- some drive behind it. I'm shocked 40 percent of our city has taken this -- 40 percent of the people who have taken the survey have thought that going -- women going topless in our community is a good idea. So there -- there's something behind that. And clearly, based on the ordinances that we've reviewed of other communities, there's been a lot of dialogue on this and a lot of controversy and a lot of work that's gone into it. And frankly, even when I read our State statute, I'm not sure I even understand it after reading it 20 times over while I was reviewing this topic. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 88 of 100 89 CARPENTER REPORTING, INC. (303)752-1200 So I don't think it's going to go away. I think it's going to continue to be here. I think there was a lot of really good comments here tonight. Some, I agree with; some, I don't. I do think we are -- are evolving as a community and as a nation and this is where we're at tonight is, you know, what we want to do with this ordinance. And I think by -- I think it was a good exercise. I think adding breast-feeding is good. I support that. And I also think that clearly defining "breast" makes sense, as well. So the effort will be -- you know, bear -- bear fruit for all the work that has gone into it, so thanks for coming out tonight and all your work that you guys did on it at City. MAYOR TROXELL: Kristin. COUNCILPERSON STEPHENS: Thank you. I want to echo what Gino just said. I want to thank everybody who came out tonight and spoke. It's -- I think we make better decisions on Council when we have more public engagement and people involved, so I appreciate everybody coming out. And a lot of emails. You gave us a lot of emails to read. Thank you. A lot of phone calls. But, you know, I do think we make better 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 89 of 100 90 CARPENTER REPORTING, INC. (303)752-1200 decisions when the whole community is involved with helping make these decisions. That being said, one of the questions that was asked was why are we talking about this? And I think it is important to talk about issues that are -- that are sometimes uncomfortable for us or -- or have some controversy because there are different opinions out there, and I think it's good to hear from different opinions. Even within the people that didn't support changing the rule, you know, different opinions on why -- why they came here tonight. So I also want to thank the Womens Commission and the Human Relations Commission for weighing in. You know, I -- it definitely gave us different things to think about it as we -- as we look at this issue. I do understand that some people think this is discriminatory towards women, so I think it's -- it's very important to validate that some people do find this current law discriminatory. But I also understand that people -- other people in the community and more people in the community value modesty in our community. It's clear to me as a representative of District 4, of my district and of the community, that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 90 of 100 91 CARPENTER REPORTING, INC. (303)752-1200 people don't want Option 2. 60 percent of the people, that's a pretty resounding no for Option 2. And the people who came tonight also expressed that same view. So while I respect everyone's view who came out here tonight to speak on this difficult topic, I will be supporting the Option 1, as Gino has said. And thank you again. I do encourage the women that have come out here and are interested in supporting equal rights for women that they continue to work on women's issues. There's a lot of women's issues out there and -- that could use your support: Equal pay, more representation in City Government of women. And so I -- so I encourage many of the people that are here and especially the people that worked on this issue to take your passions and work on -- work on some of those issues, as well. Thank you. MAYOR TROXELL: Thank you, Kristin. Anybody else? I'll make my comments. It -- you know, I really appreciate this coming forward. Basically, this came forward from a Council members' listening session and brought it forward. And it -- it has been a difficult issue and it's one of those issues that, you know, I also understand what people have been saying, if this is -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 91 of 100 92 CARPENTER REPORTING, INC. (303)752-1200 is this really a problem? And -- and I -- I can understand that sort of thing. But, you know, I think it really speaks well of this Council of bringing things forward. This is our real first discussion on this particular topic, as well, where, oftentimes, we have a lot of -- a number of work sessions leading up to a policy decision, so, you know, I really credit the Council for being out and listening to citizens. And also, I want to thank everyone that has been writing emails and also here tonight and speaking tonight, and -- and frankly, I think the message is loud and clear. You know -- you know, I also met with the proponents and -- and in particular, Brittany and -- and one of the things that she had a hard time articulating, at least to me is -- is -- in your best outcome, what do you see and it really -- she couldn't articulate it in a way that -- and so, you know, gender equity, and -- and -- and which I'm fully supportive, is not gender neutrality, at least in my mind, and -- and I don't see those as being equal in -- in terms of the discussion we're having here tonight. Another thing that was compelling for me are the strong statements made by women throughout our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 92 of 100 93 CARPENTER REPORTING, INC. (303)752-1200 community. Things about decency, enjoyment of our community, a sense of family, valuing humans and -- and family and community and high-functioning families, things such as that. And that is a value of our community, and I appreciate those that came out tonight and spoke to -- to those points. Also, I think, through this, we've examined our current -- current ordinances and I -- you know, we've, I think, made them defensible, where they needed to be and -- and this particular option, I think, has improved what we currently have on the books, so I will be supporting Option 1. Ray, please. COUNCILPERSON MARTINEZ: Yeah. I'm sorry, Mayor. I didn't see it at that moment, but I always like to give you the last say on that and I think that's important. But the only thing I want to make sure we add is the reason why I'm in -- so much not in favor of Option 2 and I favor Option 1 is that when we talk about our rights, whose rights are we talking about? And the right to not be exposed to or the right to expose yourself to people that don't want it? I mean, which ones are the rights? And 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 93 of 100 94 CARPENTER REPORTING, INC. (303)752-1200 that's a careful balancing act. And you can see, with the people that came out today, taking away their family life to come down here to try to set the tone of how they want this community to go, what direction they want this community to go. Just in the last two weeks, I've talked to about 70 students -- CSU students -- and asked them what they thought. Now, you would think they would say, Yeah, baby. But they didn't. 80 percent of them. I'd say 80 percent said it's not right. Now, that's maturity. That tells you that they're seeing something that just doesn't seem right. They couldn't put their finger on it, but it just didn't seem right. That's a good, common-sense approach, and I'm glad we've got students that are seeing that and that are thinking this way and thinking the correct way in this sense. But this is really about a community thing and a community effort, right in that word "community" is the word "unity." And we have to stay together with what we want this community to be. What I don't want to see is us pass something like this that causes people from other communities to come here because we're doing and, all of a sudden, we're exposed to other people saying, We can go to Fort Collins and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 94 of 100 95 CARPENTER REPORTING, INC. (303)752-1200 run around topless. I don't want that. That's not what we're about. So I'll be supporting Option 1. MAYOR TROXELL: Jerry, please. MAYOR PRO TEM HORAK: A couple things. One, I want to commend Brittany for having the courage to bring this forward originally as well as to speak tonight to a crowd who was predominantly not in her favor who also applauded a number of times for their points but didn't applaud for other points as much. So it's great to applaud, but in this chamber, it's not really what's supposed to happen. It's supposed to give everybody the equal right to speak, not being intimidated. And that's important to remember. So if you were on the other side tonight, you might not have enjoyed it as much when people are doing that. But I respect everyone coming out and giving their viewpoint. I -- what I think has been forgotten and the Mayor alluded to some and I will say the media certainly has sensationalized. The only word that's been sensationalized is "topless." It didn't deal with that we had an antiquated ordinance which couldn't be defended very well in court. We've taken that ordinance -- because of Brittany and her folks, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 95 of 100 96 CARPENTER REPORTING, INC. (303)752-1200 taken a better look at that to make sure it can be defended and does deal with actually what the intent of the ordinance was. That's been totally lost in -- in the -- in some of the comments tonight. We had some comments tonight saying we shouldn't change it. Well, not changing it would not really be smart. That would be -- we'd be left where we were for something somebody did 20, 30, 40 years ago, whenever it was previously passed. So I think it's important to remember that discussion of ideas in public doesn't make them bad. It doesn't make them, Why are you talking about that? It's like that's the idea of democracy. You get to talk about many different things. And the amount of staff time or effort that went into this was very small. The amount of Council time that went into it and citizen time was probably much greater, which is exactly -- on this topic, is exactly where it should be. And yeah, I was the Council member who had the listening session that Brittany was there and brought up this topic back -- I can't remember if it was February -- around that time frame. And if you really look at her argument and you can -- you know, it's great what the community wants. I don't disagree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 96 of 100 97 CARPENTER REPORTING, INC. (303)752-1200 with that for what the community wants here, but it's not an irrational argument. I mean, it's fairly rational. It's just that society today, where we are, that's not where we are. But if we were in 1900, where we are would be women with their ankles covered, going swimming with things on which we would find to be absurd. Things change over time. And I think that was her overall point, that we have to keep looking at what are our laws and where they are and making sure they're fair for all. Not just for the majority, but actually fair for all, no matter what the majority thinks. That's what the Supreme Court regularly rules on. They rule on when laws done by people like us up here and state legislators are unconstitutional because they don't give equal protection. MAYOR TROXELL: Thank you. Ross. COUNCILPERSON CUNNIFF: Just real briefly. Thanks, Jerry, and thanks, Gino, and everyone who has spoken. And thank you to the community who came out. We think it was really important for us to understand where the community was on this. I was one of the Council members that asked for this to be considered because of the issues that were raised and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 97 of 100 98 CARPENTER REPORTING, INC. (303)752-1200 think it is important for us to make a change and I do support Option 1. I also particularly support the exemption for breast-feeding. Our society has changed and has recognized the importance of that to the healthy development of infants and for the need for that to be supported in our society, so I think it's good for us to be moving in that direction. I'll be supporting Option 1. MAYOR TROXELL: Anyone else? So we're voting on Option 1 of -- of No. 18. And with additional language which we don't have yet but will be part -- do we? Would you state that, please? MS. DAGGETT: The language which is projected up on the screen is in Subsection B, which states no female who is 10 years of age or older shall knowingly appear in any public place with her breast exposed -- I've added the language below the top of the nipple -- "while located" -- and then it goes on with the ordinance as printed. MAYOR TROXELL: Okay. So is that clear to Council? Okay. So with the additional language. So it's Option 1 with additional language. Any further questions? Roll call, please. CITY CLERK: Cunniff? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 98 of 100 99 CARPENTER REPORTING, INC. (303)752-1200 COUNCILPERSON CUNNIFF: Yes. CITY CLERK: Martinez? COUNCILPERSON MARTINEZ: Yes. CITY CLERK: Overbeck? COUNCILPERSON OVERBECK: Yes. CITY CLERK: Campana? COUNCILPERSON CAMPANA: Yes. CITY CLERK: Stephens? COUNCILPERSON STEPHENS: Yes. CITY CLERK: Horak? MAYOR PRO TEM HORAK: Yes. CITY CLERK: Troxell? MAYOR TROXELL: Yes. So the motion passes. Thank everyone for coming out tonight and appreciate that. We'll move on to item No. 19. (There were further proceedings had, not transcribed herein.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 99 of 100 100 CARPENTER REPORTING, INC. (303)752-1200 C E R T I F I C A T E STATE OF COLORADO ) ) ss COUNTY OF ARAPAHOE ) I, Bonnie Carpenter, do hereby certify that the above recorded proceedings were reduced to typewritten form under my supervision; That the foregoing is a true and correct transcript of the recording then and there taken done to the best of my ability under the circumstances; That I am not kin or in anywise associated with any of the parties to said cause of action or their counsel and that I am not interested in the event thereof; IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of ____________, 2016. _____________________________ Bonnie Carpenter 12510 East Iliff Suite 120 Aurora, CO 80014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:16-cv-01308-RBJ Document 19-2 Filed 08/02/16 USDC Colorado Page 100 of 100