Published: June 13, 2008 11:57 am      

Group eyes law to require shoes, shirts downtown

CUMBERLAND - While it may not be the most appealing thing to look at, it's not illegal nor would it behoove the city to try to make it so.

The issue is shirtless males and anyone without shoes in the city's Town Centre. While only a minority of people go without shirt or shoes, it's enough of a concern that members of the Downtown Development Commission called in the city solicitor to discuss the matter.

"I think you're opening up a Pandora's box of huge trouble if you try to tell them what to wear," Michael Scott Cohen, city solicitor, told the group during its monthly meeting Thursday at City Hall. "If it's not obscene, there's really not a lot you can do about it."

Ed Mullaney, downtown manager, was unable to attend but brought the matter to the group's attention.

Cohen said proprietors of any business have the right to require shirts and shoes but "warning bells" sound any time a government entity is asked to place such restrictions on citizens. Due process as well as freedom of expression and freedom of movement are the first things that come to mind.

It isn't a threat to anyone's safety, health or welfare, meaning it would not be enforceable by the police department.

"You can't legislate morality or good taste," Cohen added.

The city of Easton, however, has had an ordinance on the books since 1974 that forbids anyone from going topless in public buildings or on public streets and sidewalks, according to The (Easton) Star Democrat.

On June 4, an 18-year-old was ticketed in the town for not having a shirt on in public. It was the third such citation issued since 2003.

Cohen said when it comes to outdoor dining, health department regulations come into play and arriving shoeless and shirtless can be a matter of health concerns.

Bill Shaffer, a DDC member and owner of City Lights, said he cannot serve someone without shoes or shirt but that hasn't been a problem at his establishment.

Dough Schmidt, also a DDC member, asked if the issue could be addressed through loitering laws.

Again, Cohen said, such statutes are "problematic" with even the U.S. Supreme Court striking down "rogue and vagabond" ordinances.

What can be done came as a suggestion from Dave Romero, commission member.

He said while the DDC can't require shoes and shirt, the group could develop a sign to request both while in Town Centre. That way, all someone needs to do is point that out to an offender.

Cohen said while a request can be made, he doesn't believe all people will respect it. He said it's one of the complaints that comes up during the warm weather - as well as mowing and construction projects that begin early in the morning or continue late at night.

He also cautioned about the message being sent.

"You don't want to be perceived as being unfriendly at-large or that downtown is not a place for all shapes, sizes and backgrounds," he said.

Contact Maria Smith at msmith@times-news.com.