World Naked Bike Ride participants defend the events to lawmakers on bills that could shut them down
Hope Karnopp
Milwaukee Journal Sentinel

 

MADISON — Participants of World Naked Bike Ride events are defending the annual outings to lawmakers considering bills that would effectively shut down the events in Wisconsin and potentially impact other nudists and artists.

The bills, currently supported by about 21 Republicans but no Democrats, are a response to a young girl's photographed participation in the June event in Madison. Local police and prosecutors determined her participation did not violate any state laws.

"No Dane County prosecutor or Dane County judge is ever going to touch this with a 100-foot pole, because that's just the way we work up here. Where in our districts, it would probably be charged," said Rep. Todd Novak, R-Dodgeville.

One bill would change the language in state law from "indecent" exposure of genitals in public to simply "intentional" exposure, with exceptions for breastfeeding or diapering a baby. Under the bills, violations would result in a Class A misdemeanor, which carries up to a $10,000 fine, nine months in jail or both.

The other would prohibit people from allowing minors to attend "an event at which a group of adult participants intentionally expose their genitals, buttocks or other intimate parts in a public area." It would also prohibit taking pictures of nude children at the event, unless for the purpose of reporting it to police within a day.

Here are six takeaways from a second hearing on the bills and where they're headed.

Participants say bills would infringe on free speech rights

Unlike the first hearing in a Senate committee, participants and organizers of World Naked Bike Ride events and other nudists were at the Assembly-side hearing to testify against the bills.

"Depriving a child the right to attend a benign event such as the World Naked Bike Ride, under the described circumstances, negates that child's fundamental right of assembly, and parents' rights to include their families in assembly," read testimony from local leaders of the event.

Organizers say the event is a protest against greenhouse gas emissions and a celebration of body positivity. Participants said taking part in the event has helped their confidence and mental health. Some participate after surviving breast cancer and having mastectomies.

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"Since 2010, the Wisconsin Legislature has been creating legislation aimed at enhancing individual rights. Examples include the right to work, the right to carry a firearm both open and concealed, and parental rights to choose where and how to educate your children," said Michael Marslender, one of several opponents who testified. "(The bills) are not about rights. They are quite the opposite."

Others concerned about potential effect on art featuring nudity

Artists who paint nude figures and those who model for those paintings or sculpting were concerned the bills would criminalize their work.

"This is work I do in nature, with intentional unveiling of the human form, and have done so without interference or objection from anyone else. Over the 40 years of creating this work, I have never even encountered another person," said Debbie Carley, an artist.

A model who poses in the nude for art also worried that the bills could affect universities like the Milwaukee Institute of Art and Design and University of Wisconsin campuses that "hold these programs for students to learn how to draw the human form."

Mother and child have participated several times, according to statement

Michael Bomier, a participant in the Madison event, shared a statement from the mother who allowed her daughter, believed to be about 10 years old, to participate.

"As a parent, it is my responsibility to prepare my daughter to be a thoughtful adult who is engaged with her community. The World Naked Bike Ride is a place of empowerment for my daughter and I. We have participated several times because it is a rare situation where we can exercise freedom over our own bodies and be naked of liability for the behavior of others towards our bodies," her statement read.

A spokeswoman for the Madison Police Department previously said police would discuss internet safety with the mother and child if they were identified. She confirmed Wednesday that police have not talked to the mother and she has not contacted the agency.

Milwaukee organizer has consulted with law enforcement on legality

John Jankowski, the organizer of the Milwaukee event who posted the photo of the girl to Facebook, said he's consulted with Milwaukee police and the district attorney each year about the legality of the event.

"I was informed that the World Naked Bike Ride is covered under the First Amendment, because it is a protest. And I was informed that's how Milwaukee would follow it, same as Madison follows it," Jankowski said.

He added that the event supports Milwaukee's economy, such as bringing in musicians and making hotel reservations for out-of-town participants.

More: Rep Tom Tiffany quizzes an unsuspecting AG Merrick Garland about incident at Madison Naked Bike Ride

Supporters concerned about families seeing event at farmers' market

Part of Republicans' concern is that parents and families may be unaware that the Madison route passes around the popular Dane County Farmers' Market.

"As a parent, I don't want expose my child to that. But I don't know that when I go to the farmers' market, that you're going to be there naked. And if I get there, what do I do?" said bill author Rep. Cindi Duchow, R-Town of Delafield. "This is about protecting our kids."

Duchow added that Assembly lawmakers have heard "countless hours of testimony and presentations on childhood sexual abuse" and the long-term impacts of photos posted online.

Conservative Dane County Supervisor Jeff Weigand said he no longer goes to the farmers' market or State Street with his family. Weigand made one of several complaints to police about the incident.

Participants responded that the event is "quite predictable" and parents could avoid the farmers' market on the day the Madison ride is held.

Gov. Tony Evers has been doubtful about need for legislation

A Senate committee heard the two bills earlier this month but has not yet taken a vote on the measures. The bills would have to get the approval of the full Senate and Assembly before they head to Democratic Gov. Tony Evers.

Evers previously told reporters "it's probably not a really good idea" for children to participate in the event, but questioned whether legislation was needed for something that happened once.

"It seems like there’s more important things for people to legislate about," Evers said.