Over the past several months,
a series of billboards have been erected in the Pensacola area displaying
a partially nude female individual. These advertisements are for
KAOZ, a local tattoo and body piercing business, and are hosted on
Lamar advertising billboards. According to the City of Pensacola
Public Nudity Ordinance, public display of nudity is illegal. The
City of Pensacola Public Nudity Ordinance outlines this specifically.
(6) Nudity
prohibited in public places. It shall be unlawful for any person
to knowingly, intentionally, or recklessly appear, or cause another
person to appear nude, as defined in subsection (3)(c), except
as provided in subsection (7), below. It shall also be unlawful
for any person or entity maintaining, owning, or operating any
public place to encourage, suffer or allow any person to appear
nude in such public place, except as provided in subsection (7),
below.
The ordinance clearly state that it is unlawful for any person to intentionally
appear nude. According to subsection (3)(c) nude is defined as:
(c) Nude.
Any person insufficiently clothed in any manner or that any of
the following body parts are not entirely covered with a fully
opaque covering:
The code gives
two qualifications, any of which, if met, classifies an individual
as nude. First the code say that “any person insufficiently clothed
in any manner” can be considered nude. Secondly the code lists a
series of body parts which, if not concealed by a “fully opaque covering,” also
classifies the individual as nude. For the purposes of this complaint,
the first qualification is more than sufficient.
The code also
defines what entails a “public place.”
(f) Public
place. Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit
and whether open to the public at large or where entrance is limited
by an admission or a cover charge or membership requirement or
membership fee), bottle clubs, bars, pubs, hotels, motels, restaurants,
night clubs, country clubs, cabarets, and meeting facilities utilized
by any religious, social, fraternal or similar organization. Premises,
or portions thereof, such as motel or hotel rooms, used solely
as a private residence, whether permanent or temporary in nature,
shall not be deemed to be a public place.
The billboard in question displays a female individual who is completely
uncovered above the waste line.
The location
of this billboard is unquestionably in a “public place.” The presence
of these images in open public display in the Pensacola area is a
sad testimony to visitors and tourists traveling through the area.
They represent a blatant violation to the stated intent of the City
of Pensacola Public Nudity Ordinance.
(2) Intent.
(a) It is the intent of this section to protect and preserve the good
order, health, safety, welfare, and morals of the citizens of the
city by prohibiting a person from intentionally or recklessly appearing
or being nude, or causing another person to appear or be nude, in
a public place…
This billboard
should be removed as soon as possible. The ordinance also makes provision
to apply penalties to the individuals/corporations responsible for
these violations. Please see the City of Pensacola Public Nudity
Ordinance, Sec. 9.
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