Transgendered Men Go Topless in Delaware Displaying Their Breasts

Rehoboth Beach and the local Internet have been buzzing for days after a few transgendered men caused a stir on the beach over the holiday weekend by removing their tops and revealing their enhanced breasts.

Police there were called to the beach after lifeguards requested that the sunbathers replace their tops.

"Passers-by came up to the lifeguard and said they were alarmed and unhappy with the females showing their breasts," Police Chief Keith Banks said. "The lifeguard responded and saw that they were males."

Banks said police were called because the men originally refused to put their tops back on, but had consented before police arrived. Officers made sure the situation was under control, and no citations were issued.

Banks said it could have been difficult to issue a citation because Rehoboth law defines indecent exposure two ways:

"A male is guilty of indecent exposure if he exposes his genitals or buttocks under circumstances which he knows his conduct is likely to cause affront or alarm to another person.

"A female is guilty of indecent exposure if she exposes her genitals, breasts or buttocks under circumstances which she knows her conduct is likely to cause affront or alarm to another person."

So the men's behavior may have been upsetting, but it was not illegal.

"It is important to say that under Rehoboth law this was not against the law," Banks said. "In this case, they had male genitalia; therefore, they are not guilty of a crime."

Banks said police only enforce the laws and want to make sure that people who visit the beach are comfortable. Police have not had previous problems with this kind of behavior, and there is no need for a specific law to address it, Banks said.

Not all are so sure.

"We'll see if we need to address it," said Kathy McGuiness, one of Rehoboth's commissioners. McGuiness said this will be a topic at a town hall meeting next week.

"I can't speak for the mayor or anyone else. I can speak for myself because I am a commissioner. I hardly see us reversing the topless law. I don't think we are going to repeal it and allow women to go topless. Now if someone is going to go through the process of having implants, then they probably should think about following the laws of the person they would like to become," McGuiness said.

Steve Elkins, executive director of CAMP Rehoboth, a nonprofit based in Rehoboth that aims to promote a positive environment for the gay and lesbian community, essentially agreed.

"Technically it wasn't against the law. However, there are situations where people who -- because of feelings about their birth, because of who they are -- perceive themselves as females. I think we have to respect that, but on the other hand since they chose to identify themselves as females, they have to respect the law."

Elkins said he also thinks that it is horrific that some people who voiced outrage through radio talk shows and the Internet only have a problem because they were transgendered.

"Whoever called and complained [initially] complained about a woman having her top off," he said. "The people now trying to make something about the fact that they were also men, they are trying to have it both ways. You can't have it both ways."