The Decent thing to do...

Well folks...We've had a day in court and here's the decision of the D.A.

Lt. Allen settlement
California Highway Patrol
1801 - 9th Street
Sacramento, CA 95814

suspect Sherry Glaser
suspect Renee Love

Dear Lt. Stallman:

This concerns the above cases, submitted to our office for prosecution. In the course of a political demonstration on the grounds of the State Capitol, both suspects completely exposed their breasts. They were arrested for violating Penal Code section 314 (indecent exposure), 647(a) (lewd act in a public place), and Government Code section 14685 (violation of CHP regulation on state property).

Both section 314 and section 647(a) require a sexual intent. Nudity without sexual intent does not violate these statutes. See Robins v. County of Los Angeles (1966) 248 Cal.App.2d 1, at 10-11; Barrows v. Municipal Court of Los Angeles (1970) 1 Cal.3d 821; Boreta Enterprises v. Department of Alcholic Beverage Control (1970) 2 Cal.3d 85, at 99; In re Smith (1972) 7 Cal.3d 362, at 366; Pryor v. Municipal Court of Los Angeles (1979) 25 Cal.3d 238, at 255-57; In re Dallas W. (2000) 85 Cal.App.4th 937. The conduct here clearly had a political, not a sexual, intent.

As to Government Code section 14685, no CHP regulation for the use of state property prohibits mere nudity. The permit for the demonstration was sought and granted in the name of the organization "Breasts Not Bombs." The officer who granted the permit discussed breast exposure with the permit applicant, and the permit itself refers to "any person who exposes private parts," but both the pre-permit discussion and the written permit expressly referred to violations of sections 314 and 647(a). Since the conduct here did not violate those statutes, we do not believe a jury would conclude the applicant either mislead the officer who issued the permit, or violated the terms of the permit.

Under the circumstances, we will file no criminal charges in this matter.

Sincerely yours,

JAN SCULLY
DISTRICT ATTORNEY


It's fascinating to be called a suspect. There are thousands of cyber photos and full newsreels that show that we are certainly the ones that disrobed that fateful Monday on the Capitol steps. However, "suspects" does connote that we are criminals. We are not. This decision is as plain as the aureole on my breast. I must say Ms. Love and I are relieved of our defendant status in Criminal court. We much prefer being plaintiffs. I find the decision of the D.A. inspiring. In the last parargraph the FACT "no CHP regulation for the use of state property prohibits mere nudity" I suppose that means that we should return to the scene of the "alleged crime" and finish what we were saying. We'll keep you abreast of that plan.

Meanwhile, and more importantly, we are still being subjected to the obscene, lewd, and illegal actions of this deranged administration. The nebulous meanderings of George Bush in his latest diatribes are sickening. Condi Rice basically admitting that we do have secret detention centers all through Europe, not only admitting but defending the need for it is INDECENT! The continued horrors that go on in Louisiana, indecent! Extraordinary renditions, Obscene! Dick Cheney going to a fund raiser for Tom Delay!! Indecent! Another state sponsored execution in California (Doesn't the 8th amendment protect against cruel and unusual punishment?) Obscene!
How many dead U.S. soldiers are there now? When we went to the Capitol it was around 2000, now it's over 2100, Obscene! Now, families are fleeing from Ramadi and another American offensive is launched, Indecent! The U.S. rejects the Montreal agreement to curb global warming! Obscene. God!! If feels like the Bush administration is trying to kill us all. Can we sue them for reckless endangering? For attempted murder? When will the American Public rise up and freak out???? Is everyone just too damn busy Christmas shopping????

The sorrow is unbearable, the perpetual warmongering and violence will soon be the death of us all. Among the amazing support that Breasts Not Bombs is receiving there are still those who criticize our "hairy armpits, saggy breasts and big bellys" Perhaps when we get over the beauty contest mentality we'll realize that we are all at risk. We will realize that we are all in the same boat and it is sinking oh, so quickly. We believe if women rose up and stood together against war with our bodies and souls, and spirits there may be a chance for survival. Any body got a better idea? For God's sake, do something, let us know...Make a noise! Make a joyful, disobedient noise and let the world know that we are Decent here in America and we are being held hostage by madness, apathy, and corruption beyond anyone's imagination. I beg you.

I pray these Holy days find you all safe and grateful for the blessings we so often take for granted.
Peace on Earth
See you in the streets!