Commission approves anti-nudity resolution

By Charlene Sims

info@linncountyjournal.com

MOUND CITY – After discussing for several weeks whether to pass a resolution on public nudity in unincorporated parts of the Linn County, Commission Chair Jim Johnson and Commissioner Jason Hightower on Tuesday, Sept. 2, voted to approve a resolution prohibiting public nudity and providing penalties for violations.

The discussion on this issue began on July 28 when County Counselor Jacklyn Paletta brought it before the commission after an incident where a nude person was washing their car while children were nearby. Paletta explained that sheriff’s office had no regulation to go by because unlike public sexual activity, public nudity is not covered by state statute and requires local regulation.

At the July 28 meeting, Commissioner Alison Hamilton asked that policies on public nudity in other counties be researched before a regulation was developed for Linn County.

“I’m not in favor of signing that for the county. I’m not in favor of a nudist community, but I don’t think that we should have a county resolution regarding the policy,” said Hamilton. “It’s just putting more rules. You’re in the country.”

A resolution about public nudity researched and proposed by the Linn County Sheriff’s Office was discussed at the Aug. 18 meeting. Paletta explained that while Kansas law addressed public nudity for sexual gratification, the proposed resolution would give the sheriff’s office authority to respond to other instances of public nudity, such as those related to mental health issues.

Hamilton expressed opposition to the resolution at the Aug. 18 meeting and said that she had contacted Blue Mound and their city council had not been notified of the situation. The resolution was postponed until the next meeting.

On August 25, Pleasanton City Council member Angie Randall spoke during public comment at the commission meeting in support of the public nudity policy for the county. She said that it would help law enforcement officers handle situations where an individual is under the influence of drugs and remove their clothes.

At that meeting, Hamilton proposed changing the age where public nudity was accepted from under the age of 4 to under the age of 6. Discussion was held on these changes and it was decided to change the age limits and the resolution would be brought back for a vote on Sept. 2. 

The resolution showed that violation of the this ordinance shall constitute a Class C misdemeanor, punishable imprisonment in the county jail for a term not to exceed 30 days or a fine not to exceed $500 or both jail and a fine.

On Sept. 2, Johnson and Hightower voted to accept the public nudity resolution. Hamilton was absent from the meeting. Johnson said that he believed that Hamilton was okay with the resolution since the age changes were made.