Today is the trial date in Laconia district court for both ladies, who are being represented by Free State Project early mover and attorney Dan Hynes.
UPDATE 4:40pm: Full trial video still to come. Here are my tweets from today courtesy of the Free Keene twitter:
Hynes responds that people should be treated the same. Court takes case under advisement. Order to come later by mail. #freethenipple
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3h
State says if court overturns Gilford’s ordinance, it should also overturn 644:9. #freethenipple
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State argues RSA 644:9 grants special protected status to female breasts from being photographed without consent. #freethenipple
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Hynes requests charges be dismissed and court find ordinance unconstitutional #freethenipple
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Hynes says RSA 354:A overrides the ordinance. #freethenipple
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Hynes says defendants are essentially being prosecuted for being women. #freethenipple
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Hynes says people being offended is “Heckler’s Veto” – an objection should not negate one’s rights. #freethenipple
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Hynes says state is not a “home rule” state – towns can’t make things illegal without being authorized to do so by the state. #freethenipple
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Defense attorney Hynes says it’s important that people be treated equally based on their gender. #freethenipple
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Defense rests and motions to dismiss on equal protection and free speech grounds. #freethenipple
3h
On cross-examination, MacKinnon admits being born with a vagina. #freethenipple
3h
MacKinnon is transgender, is “non-binary”, neither male nor female. Things just got interesting. #freethenipple
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4h
Barbara Liz MacKinnon takes the stand, says she is not a woman. #freethenipple
4h
Lilley said she didn’t know about the Gilford town ordinance, beach signage says no nude sunbathing, but not no toplessness. #freethenipple
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Lilley says she was not engaged in sexual activity at the beach, has been topless in other places besides the beach. #freethenipple
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Lilley says it’s about slut-shaming, body shaming. Says ordinance discriminates against women. #freethenipple
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Heidi Lilley, Free the Nipple leader, takes the stand. Says it means equality for men and women. #freethenipple
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Drumheller being cross-examined now – says she’s walked topless in NH before. #freethenipple
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Drumheller says Free the Nipple is about women having the same rights as men to be topless. #freethenipple
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Drumheller: “We can be topless and the world’s not going to end” #freethenipple
4h
Drumheller is from Greenfield, MA – was at the beach for fun as a guest of Lilley, says it’s comfortable to be topless. #freethenipple
4h
Drumheller says Ms. Demers got in her face, called her names including “whore” and “slut” and was mentally unstable. #freethenipple
4h
Laura Drumheller is first defense witness. #freethenipple
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State rests. Defense reiterates motion to dismiss. #freethenipple
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Salmon claims he determined they were females “by their exposed breasts” #freethenipple
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Salmon says 6-8 women were topless on the beach and were respectful. #freethenipple
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Officer Andrew Salmon is on the stand now. #freethenipple
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O’Connor admits there were no riots, defendants were polite. #freethenipple
4h
O’Connor says he had read about #freethenipple in the media. Admits it may be legal to be topless elsewhere in Gilford.
4h
Both Heidi Lilley and B. Liz MacKinnon are being tried together. #freethenipple
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Police officer Cory O’Connor is on the stand now. #freethenipple
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Landry admits the ladies were not harassing anyone. #freethenipple
4h
Next state witness is Robert Landry – 50+ year old man felt it was “wrong”, admits snitching to police. #freethenipple
4h
Demers says she’d want to leave NH if she found out it were legal for women to be topless. #prude #freethenipple
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Demers claims she would be offended by a little girl topless and offended by a woman with a double mastectomy topless. #freethenipple
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Defense asks “How do you know who is female”? Snitch Demers claims “it’s obvious based on their sex”. #freethenipple
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Defense cross examines Demers the snitch. Claims she would not be offended by a man topless.
4h
Demers claims she won’t go to beach, 13yo son won’t go if “that’s happening”. Admits snitching to police. #freethenipple
4h
Erin Demers is the next state witness. Claims she was shocked and angry about the topless ladies. #prude #freethenipple
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Witness/snitch claims it’s okay for two people to kiss of the same gender. #freethenipple
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Witness/snitch claims beach is “private”, yet taxpayer funded. #freethenipple
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Attorney Hynes gets witness to admit that she would not consider a man to be nude if topless. #freethenipple
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Witness claims “breasts are sexual”, considers it nudity. #freethenipple
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State tries to ask what her family members said. Objection – hearsay – sustained. #freethenipple
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Witness / snitch Melanie claims she took photos for police. #freethenipple
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Witness claims she was “offended for the children”. #freethenipple
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Melanie Dagat is first state’s witness, claims was at beach, appears to have been the snitch. #freethenipple
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Witnesses being sequestered. #freethenipple
4h
Defense and state agree to stipulate to toplessness, ID of defendants. #freethenipple
4h
Ok, it’s showtime! #freethenipple
5h
Oh boy. Same defendant, second trial. Maybe this won’t be over before lunch. #freethenipple
5h
Hopefully the case will start before lunch break! #freethenipple
6h
Another case is in front of #freethenipple – other case called back in. You still have time to get here!
6h
Judge Carroll compliments the motion. #freethenipple
6h
Judge addressing motion to dismiss. #freethenipple
6h
Cases just got called #freethenipple
6h
Video arraignments are over. Still waiting on #freethenipple trials.
6h
Water bottles are not allowed in Laconia district court, but are allowed in Keene district court. Arbitrary rules, anyone? #freethenipple
6h
Court setting up for video arraignments with the jail.
6h
Court is less than half-empty now. Likely still plenty of time to get here to support Heidi and Liz. #freethenipple
7h
Judge James M. Carroll is presiding and cracking jokes. Appears to be in a good mood. #freethenipple
7h
Union Leader and NH1 are here as well as @FreeKeene #freethenipple
7h
Plenty of peaceful people are being attacked by the state in Laconia district court today. #freethenipple activists are just two of a crowd
7h
The #freethenipple trial was slated for 8:30am, but the court is still conducting other hearings. If you’re running late, you have time!