Police Bureau releases statement on legality of Naked Bike Ride
Posted by Jonathan Maus (Publisher/Editor) on June 17th, 2011 at 3:59 pm
"The Portland Police Bureau recommends that all riders at least wear a helmet and shoes to avoid any potential injuries. Being naked in public in Portland is legal if it falls within the guidelines of ORS 163.465"
— From a Portland Police Bureau press release
Like I mentioned last week, the Portland Police Bureau is well aware that there will be over 10,000 naked people on bikes riding through the streets tomorrow night at the World Naked Bike Ride.
Today, the PPB released a press release about the event. Their statement is meant to give participants a legal context for the ride, in case anyone was curious about public nudity laws. Read the full statement below:
The World Naked Bike Ride is set to roll through the streets of Portland this Saturday, June 18, 2011, at 10:00 p.m. Riders will gather at 9:00 p.m. at Southeast Water Avenue and Salmon Street. Event organizers estimated the number of participants last year to be 13,000 people.
The Portland Police Bureau will have extra officers on hand to ensure everyone is safe and to provide assistance at intersections.
The Portland Police Bureau recommends that all riders at least wear a helmet and shoes to avoid any potential injuries.
Being naked in public in Portland is legal if it falls within the guidelines of ORS 163.465, which are included below.
ORS 163.465. Public indecency
(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
(a) An act of sexual intercourse;
(b) An act of deviate sexual intercourse; or
(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.(2)
(a) Public indecency is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445.
Now you know.
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Great news: I expect no one to be aroused by the sight of my genitals.
RecommendedI wonder what "deviate sexual intercourse" means, and why it's considered distinct from "sexual intercourse"...
RecommendedIntercourse is normally a specific term involving a pair of certain organs. Deviate would refer to the use of any other organs. A poor name perhaps for liberal Portland though.
RecommendedNudity in public is not illegal excepting the conditions listed in the statute. But what about parks?
Park systems have their own rules and can cite you for violating them. Is there a quick and easy resource to figure out what those rules are for various state and county park systems.
You could be naked and legal riding on the Steel Bridge, but then be in violation of park rules once you go off the bridge into Waterfront Park or the Esplande, for instance.
I suppose I could goolge Oregon nudist websites, but I'm not sure I want to go there.
RecommendedThe park system, as a public entity could not overrule what is protected by the Oregon Constitution (and has been protected as such in court).
RecommendedNothing in the Prohibited Conduct for Portland Parks, though. In fact in the Obey the Officers section it looks like you could make a case for not doing what the parks officials say, nekkidness-wise, on the protected speech or conduct section:
"A direction of a Park Officer is not “reasonable” under this Section if it is directed to speech or conduct the right to engage in which is, under the circumstances, protected by the federal or Oregon constitution."
http://www.portlandonline.com/auditor/index.cfm?c=28627#cid_147803
RecommendedClackamas County also thinks they can prohibit nudity in parks:
6.06.04.10 No person shall expose his or her genitalia while in a public place or place
visible from a public place, if the public place is open or available to persons of the
opposite sex. [Codified by Ord. 05-2000, 7/13/00]
http://www.co.clackamas.or.us/docs/code/title6.pdf
This is the kind of thing that worries me; these regulations are so hard to find. And they DO seem to conflict with the state law.
RecommendedI don't know, but I do know that when a Flaming Lips music video involving nude cyclists was being filmed at the top of Mt Tabor, a park ranger made us put underwear on. So shooting was moved to Gus Van Sant's backyard the next day...
RecommendedOklahoma's gift to alt rock. Likewise, on behalf of Oklahoma, I'd like to apologize for Hanson.
RecommendedORS 163.305(1) defines "deviate sexual intercourse” as "sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another."
Recommendedanything in there about armpits?
Recommendedor...uh...top-tubes and knobby tires?
RecommendedYeah, nothing specifically about bikes? 'Cause I really like my bike.
RecommendedSo PPS is concerned for my noggin' but not my ass. ;)
RecommendedPPD I mean.
RecommendedForecast: cold. It's called shrinkage.
Recommended"Effective Jun. 18, 2011 No service between SW 5th and 6th Avenues at Pine and NE Sandy at 33rd 10 - 11:30 p.m. due to the Portland World Naked Bike Ride."
Recommendedthink *they* can ....
Recommendedthink *they* can
RecommendedAnybody else think you could map out the route just from the trimet service alert page?
http://trimet.org/alerts/future/
RecommendedI'm still waiting for the World Fursuit Bike Ride.
RecommendedLast year @irkdesu wore a fursuit. She calls it her "Skin". She wrecked on the tracks, defacing said suit. No word on if it will be repaired.
RecommendedThta's cool that she did that. Bummer she crashed though! Any pics?
RecommendedRuling Out the Rule of Law: http://www.thenewspaper.com/rlc/docs/2008/vanderbilt.pdf
RecommendedBeing naked in public in the city of Portland is not legal: http://www.portlandonline.com/auditor/index.cfm?a=15423&c=28512
RecommendedThat's been overruled in court. PDX cannot overwrite liberties granted by the OR Constitution.
RecommendedThere seems to be a competing flyer out there: http://wiki.worldnakedbikeride.org/index.php?title=File:WNBR_PDX_2011.png
RecommendedThat was the first poster I saw online... What does the official one look like?
RecommendedOf course city can have a statute outlawing public nudity even though the state doesn't.
Its not really a conflict with state law. Its not like the state law requires you to be nude and the city says you can't.
RecommendedThe state constitution supersedes any city or county code. The free speech protections in the Oregon Constitution are stronger even than in the federal constitution. The naked bike ride is free speech.
Recommended