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According to a February 2019 decision by the 10th Circuit Court of Appeals, the equal protection clause of the 14th amendment means that a woman may go topless in any place that a man may go topless.

This earlier court ruling was the basis of Effie Krokos' argument when she was ticketed—months after the decision—for being topless in her fiancé's front yard in Loveland, Colorado.

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