A bill filed in the Massachusetts legislature would allow women to go topless.

The proposal (HD.4302) would remove female breasts from the state’s open and gross lewdness statute. If approved, women in Massachusetts would be allowed to expose their chests in public in the same way men currently can.

No action has been taken on the bill, and no lawmakers have signed on as sponsors.

What the bill does

Fitchburg resident Jacquelyn Wehtje filed the proposal through a citizen petition, a process allowed under the Massachusetts Constitution.

"I was inspired to file this bill by the New Hampshire Libertarian Party, which has filed similar bills in their state in the past," she told NewBostonPost last year. "Both genders can go topless in New York State. Of course, in various other indigenous cultures around the world, this is also the case."

State Representative Michael Kushmerek (D-Fitchburg) submitted the bill on her behalf, but he is not listed as a sponsor.

The bill says: “Whereas gender discrimination is wrong, And whereas the female body should not be stigmatized or fetishized, Therefore MGL chapter 272 section 16 shall be amended to remove the words ‘female breasts’, And equality of chest baring shall be the new law in Massachusetts.”

Under current Massachusetts law, exposure of female breasts in many public settings can qualify as “Open and Gross Lewdness and Lascivious Behavior,” a felony that carries a potential prison sentence of up to three years.

Where toplessness is currently allowed

There are limited exceptions under current law. Breastfeeding in public is legal in Massachusetts.

In addition, Nantucket allows women to go topless on beaches after voters approved a bylaw in 2022.

“There’s definitely other places that are doing this initiative,” Nantucket resident Dorothy Stover, who proposed the ordinance at Town Meeting, told NewBostonPost in 2021. “The ‘Free The Nipple’ campaign has been around for a long time. This is about beaches and the equality on the beaches.”

Why it matters in Massachusetts

Massachusetts is unique in allowing citizens to directly file legislation through petitions. That process dates back to the Massachusetts Body of Liberties in 1641 and is preserved in the state constitution today.

The bill also highlights a gap between local policies, such as Nantucket’s beach rule, and statewide criminal law.

No hearings or votes have been scheduled for the bill.

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FAQ

What would the Massachusetts topless bill change?

The bill would remove “female breasts” from the state’s indecent exposure law. That would allow women to go topless in public without facing criminal charges under that statute.

Is it currently illegal for women to go topless in Massachusetts?

In most cases, yes. Public exposure of female breasts can be charged as open and gross lewdness, though breastfeeding is allowed.

Are there any places in Massachusetts where toplessness is allowed?

Yes. Nantucket allows women to go topless on beaches following a 2022 Town Meeting vote. That rule does not apply statewide.

Who filed the topless bill in Massachusetts?

Fitchburg resident Jacquelyn Wehtje filed the bill through a citizen petition. Rep. Michael Kushmerek submitted it, but is not a sponsor.

Has the Massachusetts legislature taken action on the bill?

No. As of now, the bill has not received a hearing or a vote on Beacon Hill.