Don’t expect Town of Osoyoos council to change its bylaws about prohibiting women from going topless on town beaches, despite the protestations of a 65-year-old Oliver woman who insists such bylaws are contravening provincial laws.

Gail Owen helped organize this past Sunday’s “Go Topless” event in Penticton, which was one of 60 similar events held across British Columbia and 100 held across North America.

Owen contacted Osoyoos Mayor Sue McKortoff last week after discovering there had been three incidents in the past two years where women who had bared their breasts on public beaches in Osoyoos were told by bylaw officers that they would have to cover up or be asked to leave.

The B.C. Supreme Court ruled in 2000 that it’s legal for women to go topless and municipal bylaws prohibiting such acts contravened the Canadian Charter of Rights and Freedoms that declares “men and women are equal,” said Owen.

Owen was one of only two women who removed their tops during Sunday’s Go Topless rally in Penticton. There was only a handful of supporters on hand for the Go Topless rally organized by Owen.

There were more media members on hand than actual participants in the rally.

Historically, men were not allowed to go topless in public until 1935, and prior to 1900 men and women could not expose a bare ankle in public, said Owen.

While discouraged with Sunday’s low turnout, Owen said it takes “small steps” to change minds and she plans on organizing and staging many more Go Topless events in the future across the South Okanagan.

Owen said she is “strongly considering” holding an event in Osoyoos to publicly protest the municipal bylaw which prohibits women from going topless on public beaches in this community.

“This bylaw in Osoyoos directly contradicts the B.C. Supreme Court decision and that is basically breaking the law,” said Owen. “There hasn’t been a single charge upheld by any court in this province when it comes to women going topless over the past 15 years.

“In my eyes and the eyes of the court, if men can go topless, so can women.”

Owen said she rides topless on the KVR Trail in Oliver and she has never heard a single complaint from residents or the police.

“I go right by the RCMP station almost everyday and several of the officers say hello and wave at me,” she said. “It’s not a big deal in Oliver and it shouldn’t be a big deal in Osoyoos.”

McKortoff said council will not be discussing changing the bylaw relating to allowing women to go topless any time soon.

“We feel our public beaches are meant to be family friendly,” she said. “In the few instances where there have been complaints about the women  going topless, our bylaw officers politely handled the situation and asked them to put their tops back on.

“There were no threats of calling the police or anything like that. The bottom line is we believe our beaches and public parks should be accessible for all members and that people should dress accordingly. I don’t think we’ll be changing our bylaws.”

She would be willing to meet with Owen face to face at any time to discuss the issue further, said McKortoff.

KEITH LACEY

Osoyoos Times