Stevenson Councilor's Defense Challenges Indecent Exposure Charge, Citing Unequal Enforcement for Males

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Stevenson, Washington – City Council member Lucy Lauser is seeking the dismissal of indecent exposure charges stemming from a July 4th protest, with her defense attorney arguing that the prosecution exhibits gender-based unequal enforcement. The legal challenge centers on the assertion that males are not typically prosecuted for going topless in public, a standard the defense claims should apply to Lauser. This development follows Lauser's arrest during a demonstration against federal policies impacting transgender rights.

Lauser, a transgender woman and elected official in Stevenson, was taken into custody by Skamania County Sheriff's deputies after protesting topless outside the county courthouse. The protest, which involved Lauser's breasts being partially covered with tape, was intended to highlight issues surrounding transgender visibility and rights. She had previously engaged in a similar protest on Transgender Day of Visibility in March without facing charges.

Her defense attorney, Pruett, contends that Lauser's actions do not constitute indecent exposure, noting that her nipples were covered. According to The Post Millennial, Pruett stated, > "If there was a person in town who was male on the Fourth of July and was walking down the street without a shirt on, we would not have a prosecution for obscenity or any indecent exposure." This argument suggests a discrepancy in how the law is applied based on perceived gender.

Washington state law defines indecent exposure as "any open an obscene exposure" likely to cause "reasonable affront or alarm." Skamania County Sheriff Summer Scheyer indicated that law enforcement acted due to numerous public complaints, including concerns from families with children. Sheriff Scheyer maintained that the public's perception of obscenity warranted the arrest and charges, asserting that the law was clear-cut.

The incident has sparked significant local debate, leading to a recall petition against Lauser and influencing her unsuccessful bid for mayor in the August primary election. Lauser has pleaded not guilty to the misdemeanor charge, which carries a potential penalty of up to 90 days in jail and a $1,000 fine. She has expressed that her protest was a necessary act to draw attention to anti-trans policies and uphold constitutional rights.