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    Elizabeth Book looking at Morley Schloss, with the American flag and the 14th Amendment to the Constitution, the so-called Equal Protection Clause, on the day of her first protest and arrest, March 13, 2005.

    Liz is re-arrested on July 4, 2005 at another rally.

    Liz appeared on "The O'Reilly Factor,"
    October 23, 2006.

    Liz Book’s 4-Year Campaign

    THE BATTLE FOR TOP FREEDOM
    IN DAYTONA

    DAYTONA ACTIVIST ARRESTED FOR BEING TOPLESS AT RALLY

    On March 13, 2005, Liz Book pulled down her top at a rally in Daytona that was celebrating Women's Equality Day. Thus began a four-year legal battle that ultimately resulted in Daytona's anti-nudity ordinance being ruled illegal. But it wasn't easy. Here in chronological order are the news stories that chronicled her fight for the right to be top free.


    FED JUDGE RULES DAYTONA ANTI-NUDITY LAWS VIOLATES CONSTITUTION

    1/21/2006, Daytona Beach, FL – What do nudists and exotic dancers have in common? Usually nothing except the lack of clothes, but in Daytona Beach a victory for one group has had an immediate effect on the other. Last month a U.S. District Judge John Antoon has struck down Daytona Beach's anti-nudity law because it violates the 1st and 14th amendments to the US Constitution. The immediate winner in this case Lollipops Gentleman's Club, a strip club that also sold alcoholic drinks in violation of the local ordinance.

    Although the city will almost certainly launch an appeal, the broad ruling also affect the upcoming case of “Top Free Activist” Elizabeth Book, who was arrested for the umpteenth time last July 2 for pulling down her tube top at a “Women’s Equality” rally in a downtown Daytona plaza. The charge was “disorderly conduct, corrupting the public morals and outraging the sense of public decency . . . in a tourist area." (See photo above.)

    The 43-year old grandmother had been acquitted of the same charge only two days earlier for exposing her breasts during Bike Week in March 2004 in protest of laws barring women from being topless in public. "I hope to decriminalize the human breast; our forefathers saw our breasts as a symbol of courage and strength," she said at the time. In that case, Volusia County Judge David Beck agreed with Book's contention that she was exercising constitutionally protected free-speech rights when she exposed herself atop the Main Street Bridge.

    Book’s trial on her July 2 re-arrest was put on hold pending the outcome of the Lollipop case. City officials said Friday they plan to study the judge's ruling in the Lollipop case and ask the City Commission about a possible appeal. Meanwhile attorneys for Lollipops said they were savoring the victory and would decide later whether to keep their current topless entertainment, or display full nudity.

    Judge Antoon's ruling is the first nationwide for a judge to strike down city nudity laws after a full trial. Some nudity laws have been struck down before trial by a summary judgment from the judge, and some municipalities have prevailed after trials.

    Regarding Elizabeth Book’s pending case, a city attorney said she shouldn't get her hopes up about the ruling in favor of Lollipops.

    "I don't think he intended the ruling to apply to nudity in public places," said Greg McDole, assistant city attorney. Book's defense has asserted that taking her top off was a public demonstration of free expression exempt from the city ordinance. She said she has no affiliation with the adult nightclubs. "Now we've found out the city arrested her under an unconstitutional ordinance," said Larry Walters, the Altamonte Springs attorney representing Book.

    Book's attorney said the judge's ruling gives Book options to hold the city liable. Although he's not preparing a suit, Walters said he could file for damages that might approach $1 million. Sources: Two articles by John Bozco in the Daytona Beach News Journal, and a jubilant editorial on the TERA (Topfree Equal Right Association) web site.


    DAYTONA TOPLESS WOMAN FINED DESPITE RULING

    02/18/2006, Daytona, Florida – Last month we wrote that Elizabeth Book, perennial crusader for top equality in Florida, was found not guilty of disorderly conduct for appearing topless at a political rally last March. What we didn’t know at the time of publication was that her sister demonstrators were not as fortunate in their judicial fate.

    Three of the five other women received misdemeanor convictions for disorderly conduct in their separate trial which ended last month. Those convicted are the well-known activists Kayla Sosnow, 39, Norma Mitchell, 56, and Shirley Mason, 55, and they will have to pay fines of $193 each. The two let go are Kathy Dubois, 20, and Brandy Rugg, age 22.

    During a "Top Free" protest March 13, 2005, at Orange Isle Park on Fairview Avenue, Elizabeth Book, 44, bared her chest on a truck framed in a pink shower curtain, after she worked out an agreement with city police. She was not charged that day, because she did not violate conditions of an agreement with the city for her protest.

    But the other five allegedly walked away from the truck and were arrested when they were accused of baring their breasts at traffic.

    According to the TERA (Topfree Equal Rights Association) website, the city agreed that Liz would not be arrested if she stayed in her designated area -- which mitigated the notion of equality and made the event a "show." There was no indication in the agreement that other women had to stay there as well. In addition, they carried signs for topfree equality.


    APPEALS COURT UPHOLDS FLORIDA WOMAN'S RIGHT TO PROTEST WHILE TOPLESS

    10/13/2006, Orlando, Florida – On October 5, several Florida news channels reported the Seventh Judicial Circuit Court of Appeals in Florida upheld an earlier ruling that Elizabeth Book (and other women) could protest an ordinance against topfreedom while topfree as part of a legitimate political protest.

    Book, of Ormond Beach, was arrested by Daytona Beach police and fined $253 during Bike Week in March 2004. The city said she violated an ordinance banning public nudity that was passed in 2002 to curb indecency at special events.

    After her release she staged a political protest while topless on the city's Main Street Bridge in front of topless Grecian statues near a city auditorium in July 2005. She was immediately arrested again and charged with disorderly conduct in connection with that incident.

    Book's attorney, Lawrence G. Walters, said the latest ruling is a victory for his client, who set out to test laws against top-free nudity because she believes they are unfairly applied to women.

    Deputy City Attorney Marie Hartman said the city "respectfully disagrees with the opinion." Hartman said the city is looking into an appeal to the Fifth District Court of Appeal.


    TOPFREE CRUSADER LIZ BOOK SURVIVES O’REILLY

    This is a partial transcript from "The O'Reilly Factor," October 23, 2006. The syntax is a little hard to follow but this is how the text is written on the Fox web site:

    BILL O'REILLY, HOST: In Daytona Beach, Florida, a judge says Elizabeth Book, 44, can be topless in public if she wants to be. Joining us now from Orlando is Ms. Book and her attorney, Lawrence Walters. Ms. Book, I mean, why do you want to walk around topless?

    ELIZABETH BOOK, TOPLESS PROTESTOR: I don't particularly want to walk around topless. My crusade is simply to decriminalize the female breast. My indignation comes from the arrest of hundreds, if not thousands, of women in the Daytona Beach area for "daring to bare" as men do.

    O'REILLY: OK, but I'm not getting this. Men and women are different, correct? Right, Ms. Book?

    BOOK: In certain senses, yes.

    O'REILLY: OK. I mean, do I have to walk you through this? Men and women physically are different. And the society mores here — maybe in the South Pacific it would be different, in New Guinea, perhaps — say that a woman's breasts are to be covered. This is our tradition in America and most western nations. And if you don't cover up, if you're a woman or a man, and you put your private parts on display, this is a disruption to society. And therefore, there are ordinances against it. So you say that, because you don't want to cover up your breast, that there shouldn't be a law?

    BOOK: Breasts I don't see as private parts. I nursed both my children with my breasts. Their sole biological function, on my body and on other female's bodies, is to nurture our young.

    O'REILLY: But if you were to carry that analogy a step further, relieving yourself is a biological function, as well. I mean, should we be able to act out in public? I mean, there are a lot of biological functions that are private. I believe breast-feeding may be one of them. And you know, you're basically saying that society — because I don't see it that way. And believe me, you're in America, you can see it anyway you want to see it. I want to impose my view on everybody else. Because you know people will be offended. Children will go, "Hey, Mommy. What's that?" You know what's going to happen.

    LAWRENCE WALTERS (ATTORNEY FOR ELIZABETH BOOK): Wait a minute, Bill. That's not what happened here at all. The city said you can do this. The city said you have a right to engage in topless or nude behavior if you are in the middle of a protest or demonstration.

    O'REILLY: OK.

    WALTERS: She did that, and then she was arrested.

    O'REILLY: That's loony. I mean, most — most ordinances. Daytona Beach is, you know, a pretty interesting place. Let me just put it that way. But I'm interested in Ms. Book's psychology here, counselor. She knows, Elizabeth, you know people would be offended. You know children, particularly young boys, will lock in on this. So why for the greater good of society would you say I really don't want to be topless in any way in public?

    BOOK: Well, as I said, I believe they should never be a criminal element of our bodies. Are you aware of the New York State Supreme Court findings from 1993? And that the Supreme Court of New York has decriminalized breasts, but you don't see their society falling apart.

    O'REILLY: I don't think society would fall apart. I just think that you doing what you want to do is going to be offensive to many, many people. And I don't understand why you feel you have to do it. I don't get it. Why do you feel you have to walk around topless? Why?

    BOOK: Why did Daytona [Beach officials] feel that they had to arrest hundreds if not thousands of young women for doing as men do?

    O'REILLY: Because they didn't want the topless protests to be there. They wanted to have some civility.

    BOOK: This was going on long before my protest. The reason for my protest was because I had witnessed these arrests. And so many of them, the sheer number of them said that this was a lifestyle choice.

    O'REILLY: One more question. Do you think — do you think that everybody should be able to walk around topless, every woman should be able to walk around topless wherever they want? Do you believe that?

    BOOK: I believe wherever a man goes top free, a woman should be allowed to go top free, as well.

    O'REILLY: OK. So if men don't wear any shirts, you believe that women should be that way.

    BOOK: We shouldn't be treated as dogs in the street.

    O'REILLY: All right. I mean, France, I think, is in that category.

    WALTERS: South Beach.

    O'REILLY: Yes, South Beach.

    BOOK: New Orleans.

    O'REILLY: I think South Beach is a category of its own. All right. Well, Ms. Book, there you go. We appreciate you coming on. Counselor, as always, thank you.


    Copyright 2006 Fox News Network, LLC. All Rights Reserved but I don’t care. So there. http://www.foxnews.com/story/0,2933,224564,00.html


    TOPFREE ACTIVIST LIZ BOOK WINS FINAL ACQUITTAL FROM FLORIDA APPEALS COURT

    12/14/2006 Today Elizabeth Book was acquitted of disorderly conduct for posing topfree with topfree statues in Daytona Beach in July 2005. She writes in part:

    "When I started this crusade against Daytona, it was to decriminalize women's breasts. I have not achieved that goal. I have succeeded in forcing them to recognize our (women's) rights to constitutional protection during a political protest. [But] I say, if we are equal in war and taxation, we should be equal in all things. We will not be denigrated for our breasts!

    "Thank you for your support and interest in this cause. I know that we are legion in number. We just have to gather our troops and make our voices heard loudly enough for Washington to hear them."

    Liz Book's lawyer, Lawrence Walters, noted in October that the authorities were "trying to wear her down" through their repeated prosecutions. "Wait till they see what I have planned for them next," writes Liz.


    LIZ BOOK WINS APPEAL OVER DAYTONA IN FLORIDA TOP FREE CASE

    08/21/2007, Daytona, Florida – The TERA web site reports another court victory for Liz Book. It was announced today that Florida's 5th Judicial Circuit Court of Appeal ruled in favor of a woman's right to protest topfree. The issue is fairly simple: the law as written in Daytona Beach, where Liz Book has been arrested, specifically states that this is legal, as it is under the US Constitution's First Amendment.

    “This has not prevented Daytona Beach from vindictively now wanting this case, originating in 2004, to be retried or reviewed. Liz's lawyer, the famous Lawrence Walters, has filed for sanctions against the city for abuse of court rules, and $100,000 in damages for the city's continual violations of Liz Book's civil rights.”


    LIZ BOOK TO PROTEST NEW ANTI-TOPFREE LAW IN DAYTONA

    11/18/2007, Daytona, FL – In court, Liz Book finally defeated the city of Daytona Beach, Florida, so what does it do? It spends even more money in its stubborn attempt to stop her. Earlier this month, the city changed its anti-nudity ordinance. It's unlikely to be successful, however. Liz is planning a rally there for March 8, 2008, the next International Women's Day.


    CITY OFFERS TO SETTLE LAWSUIT WITH TOPFREE ACTIVIST

    5/11/2008 - News reports state that the city of Daytona Beach is offering Liz Book $15,000 to settle her suit against the city for false arrest and other illegal harassment. The original suit was for $100,000. Why is the city's attempting to negotiate through the media?


    LIZ BOOK ARRESTED BY ROGUE COP AT LEGAL TOPFREE RALLY

    03/08/2009 - Today Liz Book staged another topfree protest in Daytona Beach, Florida. In a message to her supporters, she related how, after defeating Daytona Beach legally recently, she was now able to complete her topfree protest without incident. That's exactly how it went (much better than ever before) until a policeman eventually came up to her, threatened her, and handcuffed her to arrest her.

    He had clearly not been informed that this was a legal protest. Regardless, his language was bad, his attitude worse. Some 20 minutes after this incident began, another officer arrived and told the first one to let Liz go, along with another woman, who had put her top back on and had also been intimidated.

    A well-known Florida lawyer plans to launch a suit against the police on Liz's behalf.


    And the fight continues...


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