ROCHESTER, Minn. (KTTC) – A Rochester woman's appeal that women being topless in public and being a crime violates the Equal Protection Clause has been denied by the Minnesota Court of Appeals.
Eloisa Plancarte was walking around a Kwik Trip parking lot with her shirt pulled up and breasts fully exposed in July 2021 when the Rochester Police Department (RPD) was called about the situation. An officer recognized Plancarte from an encounter earlier that week with Plancarte "engaging in the same conduct," according to court documents.
Judge Kevin Ross affirmed the denial ruling, with Judge Jon Schmidt concurring, saying that "a woman's intentional display of her fully exposed breasts...constitutes willful and lewd exposure of her private parts under Minnesota Statutes section 617.23, subdivision 1(1) (2020)."
Judge Diane Bratvold dissented, saying the state's evidence to prove lewd exposure of Plancarte's breasts is insufficient.
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