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Appeals court upholds injunction against female topless ban in Fort Collins

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Posted at 12:43 PM, Feb 15, 2019
and last updated 2019-02-15 14:47:59-05

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.