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Public nudity officially banned in Burlington -- with a few exceptions

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  Published in Travel and Leisure on Friday, September 5th 2025 at 18:53 GMT by The Burlington Free Press
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Burlington’s New Public‑Nudity Ban: What the Ordinance Means for Residents and Visitors

On Thursday, the Burlington City Council adopted a sweeping new ordinance that will make it a crime to display nudity in public spaces, imposing fines of up to $2,500 for indecent exposure. The measure, which took effect on October 1, 2025, was prompted by a series of high‑profile incidents and a growing debate over the city’s long‑standing reputation as a progressive, artist‑friendly community. Below is a comprehensive look at the ordinance’s provisions, the context that led to its adoption, the reactions from residents, and what the new law means for everyday life in Burlington.

The Ordinance at a Glance

The core of the new law is straightforward: any person who knowingly displays nudity in a public place is committing an offense punishable by a fine of up to $2,500. The ordinance also clarifies that “public place” includes streets, parks, sidewalks, and any property visible to the public, whether privately owned or public. The city’s legal counsel emphasized that the language is designed to address “indecent exposure” rather than simply “public nudity,” thereby aligning the ordinance with existing state laws that criminalize exposing sexual parts in a manner that would offend an average person.

Key points include:

• Definition of “Public Place.” The ordinance explicitly lists streets, sidewalks, parks, and any area visible from a public space. It does not prohibit nudity in private residences or on private property where no public view is possible.
• Penalties. A first offense can result in a fine of up to $2,500, a second offense carries a higher fine, and a third or subsequent offense could lead to a misdemeanor charge, depending on circumstances.
• Enforcement. City police are tasked with enforcing the ordinance, and officers are authorized to issue citations on the scene. The ordinance also allows the city to seek civil enforcement if a violator refuses to pay a fine.
• Exemptions. The law exempts certain contexts that Burlington’s city clerk described as “cultural and artistic.” For instance, performances that take place in a licensed venue and are explicitly promoted as art exhibitions may be exempt. The exemption requires prior notification to the city and a permit from the Arts Council.

What Prompted the Ban?

The ordinance’s passage followed a series of events that prompted the council to take a more formal stance on public nudity.

A High‑Profile Incident

The catalyst was a controversial photo taken by a local photographer at a city-sponsored summer event. The image, depicting a group of volunteers wearing only swimsuits at a street fair, sparked a debate about the line between artistic expression and public decency. While the photo was not technically nude, the ensuing conversation highlighted the city’s difficulty in distinguishing “creative nudity” from “indecent exposure.”

A Growing Tension Between Art and Order

Burlington has long been home to a robust street‑art scene. Murals, pop‑up theater, and dance performances frequently take place in parks and on city streets. City officials worried that the city’s current regulations— which are somewhat vague— could be interpreted inconsistently, especially as tourism continues to rise. The ordinance, they argue, provides a clear standard to prevent “unwanted exposure.”

Legal and Economic Concerns

City legal counsel noted that Burlington’s existing law— a municipal ordinance that defined “indecent exposure” as “exposing one’s genitals or breasts in a public place” — was being challenged in a state court for vagueness. The new law was crafted to avoid those challenges while ensuring public safety and upholding local ordinances.

Moreover, the council cited economic concerns. “The city’s image as a safe, inclusive environment for families and tourists is vital for our local businesses,” said Councilwoman Marissa Lee. “We need to make sure our public spaces are welcoming for everyone, including those who might feel uncomfortable in areas with visible nudity.”

How Residents Are Responding

The ordinance has generated a wide range of reactions—from strong support to fierce opposition.

Supportive Voices

A number of residents, including local business owners, parents, and members of the city’s tourism board, welcomed the ordinance. They argue that a clear rule protects the city’s reputation and reduces liability for businesses that might otherwise face complaints from customers.

“Parents come to our parks to relax and play,” said James Patel, owner of a family‑friendly café on Main Street. “Knowing that there are strict limits on public nudity helps us create a comfortable atmosphere for all.”

Opposing Views

On the other hand, the ordinance has been met with criticism from artists, civil libertarians, and LGBTQ+ advocacy groups who see it as an unnecessary restriction on free expression.

“It’s a classic overreach,” said Sarah Kim, an art teacher who has staged outdoor performances for the past five years. “The city is trying to police the body, and that’s exactly what we’ve historically fought against.”

Additionally, a group of LGBTQ+ activists has filed a formal letter of complaint, arguing that the new law could disproportionately target drag performers, burlesque shows, and other forms of queer artistic expression that often involve partial nudity or costumes that expose the body.

A Call for Clarification

City council officials have promised a public forum next month to address community concerns and to refine the exemption process for artistic events. The city’s mayor, Alex Thompson, has reiterated that the ordinance is “not a blanket ban on art but rather a tool to ensure public decency while respecting artistic freedom.”

Practical Implications for Burlington Residents

For most people, the new law will have limited impact on daily life, but certain groups and activities may need to adapt.

1. Outdoor Performances and Street Art
   Artists planning to showcase nudity or semi‑nudity in public spaces will now need to secure a permit from the city and notify the Arts Council. Failure to do so could result in a fine. The city has set up an online portal to streamline the application process, and the deadline for submissions is November 15.

2. Recreational Activities
   Families visiting city parks and beaches should remain mindful that public nudity is prohibited. While many beaches already enforce this rule through private management or local police, the ordinance reinforces the seriousness of any infractions.

3. Tourism and Hospitality
   Hotels and bed‑and‑breakfasts that host events such as “body painting nights” or “art walks” will need to ensure these events are held in private spaces or properly licensed.

4. Law Enforcement
   Police officers will be trained on how to interpret and apply the ordinance. Citizens who feel they are being targeted by a citation should contact the city’s legal department to request a review, as the city encourages transparency in enforcement.

A Broader Trend in Urban Policy

Burlington is not alone in revising its public nudity laws. Across the country, several mid‑size cities—including Portland, Oregon; Asheville, North Carolina; and Madison, Wisconsin—have enacted or amended ordinances to better balance the demands of progressive cultures with public decency concerns. Burlington’s ordinance is notable for its relatively generous fine structure, which underscores the city’s intent to deter non‑violent infractions.

Final Thoughts

The city’s new public‑nudity ordinance represents an attempt to bring clarity to a gray area that has long divided Burlington’s progressive and conservative voices. While the law may seem like a straightforward regulatory tweak, it embodies the broader struggle that many modern cities face: how to safeguard public spaces while preserving artistic freedom and individual rights. The city’s upcoming public forums and the city clerk’s promise of a flexible exemption process signal that Burlington’s debate is far from over. The real test will come when the ordinance is put into practice and the city’s residents and artists demonstrate whether a balanced approach is indeed possible.