Question: KITV had a report on Sunday about a topless woman and man, with red Xs taped over their nipples, demonstrating in Waikiki. They waved signs and yelled that it was a woman’s constitutional right to go topless in public. The report said police asked for IDs, then told them to cover up and leave or face a citation and possible arrest. In 2004, you had a column saying there is no state or city law prohibiting women from baring their breasts in public. Did something change?

Answer: There still is no state or city law that prohibits a woman from going topless in public.

Capt. Andrew Lum, spokesman for the Honolulu Police Department, said he couldn’t specifically respond regarding the two demonstrators without conferring with the unidentified officer who ordered them to leave.

But speaking generally, he said, “A law enforcement official would need to assess a complaint made by the public to determine if a topless female violates” the state law on disorderly conduct.

“It is not a crime merely because a female is topless,” Lum said, but other factors might be involved. “Each case would need evaluation independently and different conclusions could be reached dependent on the factors at the respective scene.”

Section 711-1101 of the Hawaii Revised Statutes defines disorderly conduct as the “intent to cause physical inconvenience or alarm … or recklessly creating a risk” by fighting, threatening or exhibiting “violent or tumultuous behavior;” by making “unreasonable noise;” by subjecting another person “to offensively coarse behavior or abusive language … likely to provoke a violent response;” by “creating a hazardous or physically offensive condition” without authorized license or permit; or by impeding or obstructing any person in a public place by begging or soliciting alms.

In our 2004 column, which dealt with a woman sunbathing topless at Ala Moana Beach Park, HPD explained there are laws against indecent exposure and open lewdness, which deal with exposing one’s genitals.

Those laws do not apply to women’s breasts because breasts are not genitals, which are defined as the reproductive or external sex organs. See archives.starbulletin.com/2004/08/26/news/kokualine.html.

Question: My car was recently locked overnight in the Iolani Palace parking lot. The sign says it is open to the public until 11 p.m., so I parked there on Aug. 4, while attending an event downtown. But after returning for my car at 10:45 p.m., all the gates were locked and no guard was in sight. Did they lock the gates too early?

Answer: There should have been two vehicular gates left open until 11 p.m.

There are 15 gates to Iolani Palace. Two — the Diamond Head and Ewa vehicular gates — are left open until 11 p.m., said Noelani Ah Yuen, facilities and security manager for the Friends of Iolani Palace.

There should be no reason for those gates to be locked earlier than 11 p.m., she said, adding that normally, if there are cars left late on the property, guards “need to be aware that somebody may be running a little late.”

Ah Yuen noted it is a “very difficult” situation dealing with the homeless population, but said guards try to keep at least one gate open on each of the four sides.

MAHALO

To the kind and considerate hiker who found my glasses on the Aiea Loop Trail on Sunday, and placed them in the perfect spot for me to find them. We had walked 10 minutes when I realized they were gone, but it took us no time to spot them as we backtracked to search for them. Thanks to your kindness, we were able to enjoy and finish the rest of the trail. May your thoughtfulness be returned to you soon and plentifully!

— Grateful Fellow Hiker