Shirts Off Sweeping Baseball; Females Too?

WASHINGTON - May 20, 2026 - PRLog -- Along with many other media, the Washington Post is reporting that Shirtless Fans the Stars at MLB Stadiums as 'TARPS OFF' Trend Sweeps Baseball World (https://www.washingtonpost.com/sports/mlb/2026/05/19/tarps-off-baseball-st-louis-cardinals/f7be247e-53fb-11f1-9c40-7a0a12d9e745_story.html) ("the 'Tarps Off' trend . . .  Go to the section where the party is happening, take off your shirt and start twirling it above your head.")

So naturally female baseball fans are wondering whether they, like their mostly male participants, can join in this new way of enjoying the game, supporting their favorite teams, and having fun in the sun.

The answer, perhaps surprisingly, is "yes they can" in many if not most states, especially if their intent isn't overtly sexual, says public interest law professor John Banzhaf.

He should know, since Banzhaf has won over 100 cases of illegal sex discrimination against women, and filed legal complaints which led to the first woman being admitted to the formerly-male-only Cosmos Club and The Citadel military college, and to the creation of a restroom for female members of the U.S. House of Representative adjacent to the House floor.

For example, regarding the law, Wikipedia (https://en.wikipedia.org/wiki/Toplessness) provides a map showing that in the great majority of U.S. states, state laws do not specifically criminalize female toplessness in public, provided it is non-sexual.

The WORLD POPULATION REVIEW provides a slightly different map ["Free The Nipple States 2026" (https://worldpopulationreview.com/state-rankings/free-the...)], but even this shows that the practice is clearly legal in most states, although its legality is characterized as ambiguous in slightly more than a dozen. . . .

Also, a Federal Ruling Makes it Legal For Women to Go Topless in 6 States (https://www.iheart.com/content/2019-09-20-federal-ruling-makes-it-legal-for-women-to-go-topless-in-6-states/), regardless of any state or local laws to the contrary.

More specifically, the 10th Circuit Court of Appeals has ruled that banning women from going topless in places where men are permitted to be topless constitutes unconstitutional sex discrimination.

The issue of women being free to express themselves in public this way is an important one which goes beyond mere comfort (e.g. on a hot day), and joining in activities enjoyed by many sports fans, argues Banzhaf.

For example, The Women's Media Center says that 'Free The Nipple' Is An Important Feminist Movement (https://womensmediacenter.com/fbomb/why-free-the-nipple-is-an-important-feminist-movement) ("the Free the Nipple movement is not about allowing women to 'flaunt' their bodies. It's about pushing back on a society that views women's bodies as inappropriate and the shame this creates. It's high time we recognize that.")

Indeed, here may be a great opportunity for women who share this view to strengthen the movement by not being left out of TARPS OFF activities at baseball games on warm days, says the activist law professor.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf