Free the Nipple, Hampton Beach 2015
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
3h
State argues RSA 644:9 grants special protected status to female breasts from being photographed without consent. #freethenipple
3h
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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3h
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
3h
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
4h
Drumheller says Free the Nipple is about women having the same rights as men to be topless. #freethenipple
4h
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
4h
Salmon claims he determined they were females “by their exposed breasts” #freethenipple
4h
Salmon says 6-8 women were topless on the beach and were respectful. #freethenipple
4h
Officer Andrew Salmon is on the stand now. #freethenipple
4h
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
4h
Police officer Cory O’Connor is on the stand now. #freethenipple
4h
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
4h
Defense asks “How do you know who is female”? Snitch Demers claims “it’s obvious based on their sex”. #freethenipple
4h
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
4h
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
4h
Witness / snitch Melanie claims she took photos for police. #freethenipple
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Witness claims she was “offended for the children”. #freethenipple
4h
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!
