Exhibitionists, beware: In Burlington, baring it all will soon be verboten.
Burlington city councilors on Monday banned nudity in public places, putting an end to a long-standing, if unwelcome, practice that is a quirk of Queen City living.
Walking streets and sidewalks in the buff will net offenders a $100 fine. The penalty can be upgraded to $500 if the behavior continues, according to the ordinance, which goes into effect in late October.
Councilors passed the ordinance on a 9-2 vote, with Councilor Gene Bergman (P-Ward 2) absent. Councilors Melo Grant (P-Central District) and Marek Broderick (P-Ward 8) voted no over concerns that the rules would be used to target unhoused people and infringe on events such as the annual Naked Bike Ride at the University of Vermont.
Council President Ben Traverse (D-Ward 5), who spearheaded the measure, said the ordinance is aimed at the few people who are “monopolizing our public spaces and not allowing other people to enjoy it.”
“It’s an important tool in the handful of those occasions that we need it,” he said.
Public nudity has long been tolerated in Burlington, even celebrated as part of the “Keep Vermont Weird” ethos embodied by eccentrics. In the summer, it’s not uncommon to see someone stroll down the Church Street Marketplace buck naked as tourists dine al fresco. The practice even got a mention on a recent episode of Comedy Central’s “The Daily Show.”
But some people are becoming less tolerant of it. Earlier this year, dozens of businesses wrote an open letter to Mayor Emma Mulvaney-Stanak that demanded a ban on public nudity, among other steps to curb antisocial behavior. This summer, a naked person wandered onto a school playground, according to Traverse.
Nudity is banned on school grounds, but “we did not have the tools to stop this individual before they got to the playground,” he said. “That’s really what this ordinance is about.”
The new rules create a blanket ban on “public indecent exposure,” which is defined as displaying one’s “genitals or anal region” in public, whether or not the person is acting in a lewd manner. Disrobing in public is already illegal, as is being naked at city parks and beaches.
The ordinance doesn’t apply to children under 5 years of age. Organizers of events that may include nudity are also exempt as long as they have proper city permits.
That provision rankled Councilor Broderick, who said the Naked Bike Ride is spontaneous in nature and that students are unlikely to get a permit. He said there are already other ordinances on the books to handle disruptive people. “I believe that this is a bit much,” he said.
Councilor Grant said she worries that unhoused people would be ticketed for changing their clothes in public when they have nowhere else to do so. Councilors acknowledged those concerns and agreed to revisit the matter if the ordinance is applied unevenly.
Later in the meeting, councilors heard an update on public safety trends. Data presented by interim Police Chief Shawn Burke show that cops have made more arrests downtown this year to date than each of the past four years. The number of foot patrols have also far outpaced the totals every year since 2020.
The presentation follows a resolution passed by councilors last month that called for greater enforcement of city ordinances prohibiting public drug use and overnight camping. But while the number of calls in the park have decreased, data show more calls are now originating from a two-block area around the park.
“We are effectively displacing a lot of this behavior,” Burke said.
Councilor Becca Brown McKnight (D-Ward 6) said the data show that the resolution is working as intended. “It’s such a relief to see the park getting the attention that we all know it deserves,” she said.
But some councilors emphasized that relocating problematic behavior isn’t a sign of progress. “The activity is still here,” Grant said. “The activity is still affecting our residents. The activity is still affecting our businesses and, most importantly, the people that are living on the street.”
Monday’s discussion also touched on the backlog of criminal cases in state courts, drug investigations and the need for more state-funded social services.