Police chief says topless transgendered men can't be arrested

Rehoboth Beach in Delaware has been buzzing for days after a few transgendered men caused a stir on the beach over the holiday weekend by removing their tops and revealing their enhanced breasts. Police there were called to the beach after lifeguards requested that the sunbathers replace their tops.

"Passers-by came up to the lifeguard and said they were alarmed and unhappy with the females showing their breasts," Police Chief Keith Banks said. "The lifeguard responded and saw that they were males." Banks said police were called because the men originally refused to put their tops back on, but had consented before police arrived. Officers made sure the situation was under control, and no citations were issued.



Banks said it could have been difficult to issue a citation because Rehoboth law defines indecent exposure two ways: "A male is guilty of indecent exposure if he exposes his genitals or buttocks under circumstances which he knows his conduct is likely to cause affront or alarm to another person.

"A female is guilty of indecent exposure if she exposes her genitals, breasts or buttocks under circumstances which she knows her conduct is likely to cause affront or alarm to another person." So the men's behaviour may have been upsetting, but it was not illegal. "It is important to say that under Rehoboth law this was not against the law," Banks said. "In this case, they had male genitalia; therefore, they are not guilty of a crime."