By GAIL OBER, LACONIA DAILY SUN
LACONIA — The Gilford woman who is at the center of the "Free the Nipple" movement in New Hampshire has waived an arraignment scheduled for her for Monday at the 4th Circuit Court, Laconia Division.
By waiving the arraignment, Heidi Lilley and her two co-defendents, Kia Sinclair and Ginger Pierro, have agreed to go to trial, which will be scheduled for sometime in September.
All three woman were charged with violating the city of Laconia's ordinance that bans baring the nipple portion of the female breast for sunbathing topless at Weirs Beach on May 28.
The three are charged with a violation-level offense that is punishable by a fine of $250 for a first offense.
This is the state's second case of female nipple exposure in as many years. In 2015, Lilley and co-defendant Barbara McKinnon were cited by Gilford Police for being topless at Gilford Beach on Labor Day.
Represented by attorney Daniel Hynes, 4th Circuit Court Judge Jim Carroll dismissed that charge saying that since New Hampshire does not prohibit female breast exposure in its criminal code, cities and towns are prohibited from making something illegal that is not illegal in state statutes.
Lilley and Hynes made a second argument that said exposing the female nipple is protected free speech under both the state and federal constitutions, but Carroll disallowed that argument.
In both cases, police said their actions were prompted by complaints from other beach goers.
Lilley has also challenged the city's ordinance by going to the City Council and speaking during public comment. She had requested a spot on the agenda; however, Mayor Ed Engler said he wouldn't support her request.
Her comments were met with disdain by some members of the City Council who told her to go "back to Gilford."
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