DENVER (AP) — A federal appeals court panel has upheld a lower court injunction against a Fort Collins ban on women going topless in public.
The Denver Post reports the 10th U.S. Circuit Court of Appeals panel voted 2-1 to return the case to U.S. District Court in Denver for further consideration.
Fort Collins had appealed the lower court’s decision to grant a preliminary injunction against enforcement of the ban, which was enacted in 2017.
A group called Free the Nipple-Fort Collins sued the city , arguing the ban violated the U.S. Constitution’s Protection Clause. The district court agreed.
Fort Collins City Manager Darin Atteberry didn’t immediately comment on the ruling.