New Hampshire v. LilleyAnnotate this Case
Defendants were all arrested and convicted of violating a Laconia Ordinance prohibiting nudity in public places. They jointly moved to dismiss the charges against them, arguing the ordinance violated the guarantee of equal protection and their right to free speech under the State and Federal Constitutions. They further contended that the City of Laconia lacked the authority to enact the ordinance and that the ordinance was preempted by RSA 645:1 (2016). Finally, defendants maintained that the ordinance violated RSA chapter 354-A. Following a hearing, the court denied the defendants’ motion, and subsequently found them guilty of violating the ordinance. The New Hampshire Supreme Court agreed with the trial court that the ordinance merely prohibited those who access public places from doing so in the nude, and made a permissible distinction between the areas of the body that must be covered by each gender. Accordingly, their convictions were affirmed.