S H I F T to bikes!
Bringing people together for Bike Fun
in Portland, Oregon
 

The Law

Disclaimer: I'm not a lawyer. The first paragraph is intended to give you a pointer to the actual laws so you can make your own interpretations. The paragraphs after that just describe my experience.

“Public nudity” is legal in Oregon, with a few obvious exceptions. See ORS 163.465. However, Portland has adopted a stricter “indecent exposure” law, 14A.40.030, which overrides Oregon's “public nudity” law within Portland city limits. Basically, Portland says you have a horrible, wicked thing between your legs and you should be ashamed of it. Going topless is still okay though.

Since we're protesting something, shouldn't we be protected by Article I, Section 8 of Oregon's constitution? (see update below for exciting news!)

The police probably won't hassle you at all unless you do something in addition to riding naked to call attention to yourself. In particular, to avoid legal problems you should obey traffic laws, have a white headlight, and a red tail light or reflector. Corking is a bad idea, except in extreme cases such as when there's an impatient drunk driver who wants to drive a huge SUV in the middle of us cyclists.

Putting it another way: If you get arrested for anything, it probably won't be for indecent exposure. They'll probably call it disturbing the peace or obstructing traffic. But if you're just riding naked, you're probably safe.

Neither Shift nor the event organizers are responsible for anything you do. You are. Riding naked in Portland is apparently illegal, but tolerated. This is officially a “bare as you dare” ride, so make your own choice. And if you want to blow through a red light, that too is your choice and your risk. We can't stop you. (Although various entities like, say, a big truck *can* stop you, and that might not be entirely comfortable.)

Update! A Portland judge has ruled that riding naked is a legally protected form of free speech. A cyclist was arrested for riding naked on Alberta during Last Thursday in June (not during the WNBR). Although he bore no painted slogans and wasn't handing out leaflets, judge Jerome LaBarre dismissed the case because riding naked is “A 'well-established tradition' in Portland, and understood as a form of 'symbolic protest'.” See the story on BikePortland.org or OregonLive.com.

So what I said earlier is still true: You probably won't be arrested for public nudity, but you can still be cited or arrested for other crimes such as disturbing the peace or obstructing traffic.

 
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pedalpalooza/dance_party/the_law.txt · Last modified: 2009/08/06 15:50 by peteforsyth