Thursday, August 6, 1998


Topless lawn mowing ruled legal in Newport

By Brenda Seekins, Of the NEWS Staff -- NEWPORT - A recent complaint of public indecency filed with the Newport Police Department has no shortage of willing investigators. However, it appears no laws were broken. A resident of the Martin Stream Road, the former Old Lunt Road, contacted police Sunday when a female neighbor was seen mowing the lawn topless. The complainant's concern for public safety because of the potential for distraction to motorists made its way to Town Manager Kenneth Knight this week.

Knight said Wednesday night that there is no state law prohibiting a woman from going topless on her own property. A local ordinance prohibits the exhibition of genitalia or sex acts committed in public.

''Female breasts are not genitalia,'' he told town selectmen Wednesday night, ''and mowing the lawn is not a sex act.''

Knight took the issue to the board to ask if an ordinance governing public nudity was in order. The answer was a resounding and unanimous ''no,'' as selectmen flashed grins and comments on how to resolve the complaint.

Complaints from residents on the Martin Stream Road were voiced in numbers Wednesday night. Shirley Davis came to express her frustration with the accumulation of unregistered, abandoned vehicles allowed to sit in a neighbor's yard.

Davis claimed the cars had numbered up to nine at one time in previous years. Her current complaint cited six cars in violation of state junkyard laws. Davis claimed no one is enforcing the laws.

Davis extended her complaint to dogs, also unlicensed, running at large in her neighborhood. She claimed that Newport's animal control officer is not enforcing laws governing the licensing and leashing of dogs.

Selectmen assured Davis that both matters would be reviewed.

Former Selectman Evelyn Roussin addressed the board on behalf of a frustrated contingent of senior citizens.

''What can we do to cut this [school] budget? The water [rate] is going up. And the sewer. Most of us are on a fixed income. What can we do to cut our taxes? A lot of people don't know what they're going to do,'' she told selectmen.

Roussin suggested that the board look into changing from a school district to a school union where local selectmen would have control of the budget for their town schools.

''There is a lot of waste in the school budget. I know. I see it every day,'' she said. Roussin works part time as a substitute teacher.

Part of the problem lies with the referendum vote, said Al Worden, board chairman.

''They tried to make it possible for more people to vote,'' he said. ''But it doesn't allow for changes like the district meeting did.''

In years past, adults concerned about the budget could attend the district meeting and make motions to change the budget.

''They have a voice there,'' he said. ''There are more people actively participating there than now with the referendum. You only have two choices - pass it or defeat it.''

Knight presented the board with several options to allow greater control over the school budget. He said the board could initiate a petition drive to go back to the district hearing; try to convert from a district to a union; or lobby for legislation in Augusta to require selectmen's approval of a budget before a referendum.

Roussin pledged her support for whatever tactic the board would choose. If getting more people out to a district meeting to control the budget is needed, Roussin is willing to call people.

Any decision on the issue could be a very political and controversial choice, Knight reminded the board.

Going to the school board or a district budget meeting with a united concern or objection, ''there's not a person on that board who wouldn't try to do something,'' said Worden. ''It's when people complain and then they don't go to meetings or vote that lets this continue.''

The board may meet with local legislators and the selectmen from the other district towns to discuss budget concerns. 1