Vermont is known for its progressive approach to personal freedoms, and that extends to laws regarding public nudity. Unlike most states, Vermont has no statewide ban on public nudity, which has led to situations where towns must decide for themselves how to handle the issue.

A recent situation in Pittsford has led some residents to question whether the town should consider enacting a public nudity ordinance. According to community concerns, a man has been regularly seen nude in his front yard, in full view of passing schoolchildren. While some have found this behavior disturbing, current Vermont law does not explicitly prohibit it unless it involves lewd or sexual conduct.

This has raised a broader discussion: Could Pittsford benefit from a public nudity ordinance, and would such a rule be enforceable?

Vermont Law and Local Authority

Vermont state law does not explicitly ban public nudity, but it does criminalize certain types of exposure:

• Indecent Exposure (13 V.S.A. § 2601): It is illegal to expose one’s genitals to a child or engage in sexually explicit behavior in public. However, simple nudity—without lewd intent—is not covered under this law.
• Lewd & Lascivious Conduct (13 V.S.A. § 2602): This law prohibits sexually inappropriate public acts, but again, mere nudity does not automatically qualify.
• Town Ordinances (24 V.S.A. § 2291): Vermont law allows towns to enact their own ordinances regulating public behavior, including public decency laws.

Since state law does not prohibit simple nudity, towns that wish to restrict it must pass local ordinances. Some communities, such as Brattleboro, have done exactly that by banning public nudity in streets, parks, and businesses.

Why This Situation is Different

The situation in Pittsford raises questions about nudity on private property but in clear view of the public. Under current state law, someone standing nude in their front yard, visible to children or passersby, does not automatically violate any law.

In contrast, if the same person stood nude on a sidewalk or in a park, certain Vermont town ordinances—like Brattleboro’s—would prohibit it. This has led some residents to question whether Pittsford should adopt an ordinance that distinguishes between nudity in private spaces versus nudity that is visible to the public.

Unlike cases where nudity occurs in a home, a secluded backyard, or other private spaces, this situation involves deliberate exposure in an area where members of the public—particularly children—are likely to see it. Some argue that the absence of an ordinance makes it difficult to address concerns when individuals test the limits of what is legally allowed.

What Options Could Pittsford Consider?

If Pittsford were to take up the issue, there are several possible courses of action:

1. Take No Action: The town could determine that existing Vermont laws are sufficient and that no further regulation is necessary.
2. Adopt a Standard Public Nudity Ban: Pittsford could pass a public nudity ordinance similar to Brattleboro’s, restricting nudity in streets, parks, and businesses.
3. Enact a Public Visibility Ordinance: The town could specifically ban nudity visible from public spaces, whether it occurs in public areas like streets, parks, and businesses or on private property where it is clearly observable by the public. This approach would cover both traditional public nudity and situations like the one currently being reported in Pittsford.

If Pittsford were to consider an ordinance, it would likely aim to balance individual rights with public decency concerns, particularly where children are involved.

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Would Such an Ordinance Be Enforceable?

While public nudity laws have been debated in Vermont, courts have generally upheld reasonable public decency ordinances as long as they do not violate constitutional rights.

• Brattleboro passed its public nudity ban in 2007, and it has remained in effect without legal challenges.
• Courts have ruled that public decency laws—such as bans on public nudity in certain areas—are generally enforceable as long as they are applied fairly and do not suppress free speech.

Legal experts suggest that ordinances banning nudity in public spaces are well within a town’s authority.

Towns that have successfully implemented such rules have done so by carefully wording their ordinances—banning nudity only when it is clearly visible from public areas, rather than attempting to regulate what people do inside their homes or fully private spaces.

What Happens Next?

At this point, it is unclear whether Pittsford’s selectboard will take up the issue. Residents with concerns could raise the matter at a town meeting, and town officials would have to determine whether the current legal framework is sufficient or whether an ordinance is needed.

If the town chooses not to act, Pittsford would remain among the Vermont towns without a public nudity ordinance, leaving state law as the only applicable standard.

If the town decides to explore an ordinance, it could follow the example of other Vermont municipalities that have enacted targeted and enforceable public decency laws.

While Vermont’s laws on nudity remain unusual compared to other states, local communities still have the ability to define public standards through ordinances.

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Dave Soulia | FYIVT

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