All-Gender Topless Beaches On Nantucket Gets OK From AG

NANTUCKET, MA — A new Nantucket bylaw allowing anyone to go topless on public and private beaches got the go-ahead Tuesday from state Attorney General Maura Healey.

The law was passed by Nantucket Town Meeting in May, although some residents opposed it, saying some people might feel uncomfortable going to a beach alongside topless women.

In her ruling, Healey said the AG's office could only determine if the new law violated the state Constitution or other state laws. So, the opponents failed, Healey said in a ruling.

"[T]hose citizens have not tied this argument to a specific state law or constitutional provision that affords them the right to access and use public beaches or private beaches (subject to the by-law) free from topless persons," the ruling said. "Moreover, the decision not to access and use a public or private beach because topless persons may be present is a personal choice, not one dictated by the by-law."

State law does generally prohibit nudity on public beaches, and there are laws against indecent exposure. But Healey also said Nantucket has the right to regulate the dress code on local beaches under state law.