March 03, 1998

OTTAWA (CP) _ Ontario women have the right to go topless in public, but they can't act provocatively at the same time, a judge ruled Tuesday. Judge Jennifer Blishen found exotic dancer Joanne Gowan guilty of committing an indecent act for her topless stroll down a city street last June 3.

Gowan, 31, was fined $250 and put on one year's probation. ``This is an indication of the limit to the law,'' said assistant Crown attorney George Dzioba.

``This falls below the community level of tolerance.'' Dzioba said Gowan's case doesn't change last year's Ontario appeal court ruling which allows women to bare their breasts in public.

Court heard Gowan was seen fondling her breasts, leaning into cars and using indecent language while she was topless. ``Had she simply been walking down the street topless, like Gwen Jacob, that would have been one thing,'' Dzioba said. ``She did quite a bit more than that.''

Last year, the province's appeal court overturned the indecency conviction against Jacob, the Guelph woman who led the highly publicized fight for the right to go topless. Gowan argued that like Jacob, she went topless because it was her constitutional right. She said she was not working as a prostitute and was not propositioning men.

But the judge said Gowan's behavior suggests she was engaged in prostitution and her partial nudity had a commercial purpose. Defence lawyer Vincent Clifford said he'll discuss the ruling with Gowan before deciding if they'll appeal.