Public nudity views in Central Oregon: Freedom of expression or a cost to safety of children? Residents weigh in

(Update: adding video, comment from Bend Police and local residents)

BEND, Ore. (KTVZ) -- The viral video of a Bend police officer surprising a 2-year-old's parent with the lack of an Oregon law against public nudity brings to some long-time Bend residents' minds a high-profile case of a nudist activist more than 20 years ago who rode her bike and took walks in the buff on several occasions, even disrobing in a courtroom.

As a follow up to the criticism of Bend Police, who said they could not charge a woman after she walked on to another persons property naked, NewsChannel 21 spoke Thursday with residents about their thoughts on the state law.

"I don't think you should be able to walk down the street naked. That's just - I don't want to see that," Logan Bennett said.

Another resident, Juliette Zeller, said, "I think we should learn to de-sexualize human bodies, unless it's an act of sexual behavior."

Oregon law says people can legally walk the streets naked, as long as they're not participating in sexual intercourse, nor have the intent to arouse another individual or themselves. 

Bend Police Communications Manager Sheila Miller said, "The fact is that being naked in public in Oregon is not a crime, Public and private private indecency (laws) both have the requirement that there has to be an intent to arouse in order for it to rise to the level of a crime." 

Miller says there has to be convincing evidence of arousal: "We can't just arrest people because we feel or people think that maybe that was the case. They have to have evidence, and that can be challenging."

Officers can determine if there is intent by speaking with the person making a complaint, the person without clothing and any witnesses.

"If that evidence isn't obvious or if it isn't present or there isn't evidence to support it, then that is not going to fall under that public indecency statute," Miller said.

In 2001, Terri Sue Webb a nude activist and a Bend resident at the time, disrobed in court. She was on trial for riding her bike naked and appeared in court in just cowboy boots. She was sentenced to a year's probation for contempt. 

In May of 2002, Web walked several blocks with an also-nude male companion from her home to the Deschutes County Courthouse, believing that going without clothes is to proclaim one's humanity.

She was cited for disorderly conduct after her bike ride, wearing only red cowboy boots. A judge committed her for mental health treatment, prompting Webb to accuse the judge of "hatred toward the human race."

She later moved to Portland, where an annual naked bike ride has taken place in her honor in recent years.

For many, opinions are split between having respect for others and personal freedoms 

"I like my freedoms. That's why I'm American," said Victoria Zollment, a local resident. "But then that comes at a cost, possibly to our children."

Tyler Cozzocrea said, "There should be repercussions for people that violate social, human decency and social norms like public indecency."

Mario Anguiano said, "Some states offer like nude beaches or certain areas where they can go and express themselves that way."

Others believe state legislators should reevaluate the current law.

Doug Reinthal said, "I think that there has to be guardrails, rules and guidelines, etc. and that's one that I know for a fact that that many people would find offensive, especially if there was kids."

Zeller added, "I'm definitely open to learning more about it and understanding more about the laws, because there could always be some flaws and some room for change."

In the US, there is no federal law prohibiting nudity, leaving states to decide. Though Oregon's public indecency laws are unique, they do not stand alone. Oregon is not he only state allowing public exposure.

In Oregon, a person can walk freely naked in public, if their intent is not to arouse. The time where individuals can commit a public indecency crime is if masturbation takes place and if an act of sexual intercourse, including oral and anal intercourse, takes place.

Being naked in public is not a crime unless, according to OregonLaws, "an act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person."