Castle Rock will be implementing public indecency, indecent exposure and public nudity laws at the municipal level following a town council discussion on Sept. 19.

The council unanimously directed staff to create an ordinance updating the town code to make public indecency, indecent exposure and public nudity illegal within town limits.

Currently, anyone charged with public indecency or indecent exposure in Castle Rock is prosecuted at the county or district level under state law. Adding the offenses to the town code will allow them to be prosecuted at the municipal level.

“That’s why we’re proposing to add these three offenses to (the town code), so we can prosecute them right across the street,” Town Attorney Michael Hyman said.

According to records requested from the Castle Rock Police Department, there have been four summons and one arrest for public indecency or indecent exposure since 2020. None have occurred this year. 

Hyman recommended Castle Rock adopt the same language as the state statute for public indecency, which prohibits sex, exposing genitals, and other sexual behaviors in public places or places that are visible to the public.

Similarly for indecent exposure language, Hyman suggested copying the state statute, which defines the offense as exposing genitals or masturbating in front of a nonconsenting person, both in public and private spaces. 

State statute makes indecent exposure involving a child under 15-years-old a felony. Since felonies cannot be prosecuted at the municipal level, Castle Rock will not adopt that part of the statute in its town code, Hyman said. 

“A felony means they could go down to the state penitentiary to serve the sentence, so we’re not going to do that portion of the statute and let those offenses be prosecuted where they should,” he said.

Colorado doesn’t have a state statute around public nudity, but other municipalities, including Lone Tree and Parker, prohibit public nudity. Hyman said public nudity laws cannot discriminate between men's and women’s breasts and didn’t recommend a law banning all toplessness.

He suggested the town combine parts of ordinances from Parker and Fort Collins to prohibit people over the age of 10 from intentionally exposing their genitals or butt, or simulated genitals, while in public or in certain places visible to the public. 

Exceptions would include things like receiving treatment during a medical emergency, being in a bathroom, locker room or changing room, or if the nudity is part of a performance or religious activity within an enclosed space, like a church or theater.

With the new ordinances, Hyman suggested the town also update rental permits and use agreements to require renters and users of town facilities to abide by town code. 

The proposed ordinances come after months of conversations at the town council prompted by a wardrobe malfunction at last year’s Douglas County PrideFest, where a drag performer’s breast plate was exposed. 

This year’s PrideFest included a G-rated drag show with no malfunctions or nudity.

Many public commenters at the Sept. 19 meeting supported adopting the proposed ordinances. Two residents, Anya Zavadil and Jay Griebling, who previously opposed one another in public comments, spoke together at the meeting about finding common ground.

“What’s at stake is further division or resolution,” Griebling said. “That’s why we’re sitting here together, to try and come to an agreement on this ordinance so that Castle Rock has a clear definition of what is appropriate in front of children and what is not.”

Zavadil, who is president of Castle Rock Pride, encouraged the town to ensure the laws are nondiscriminatory.

“We’re happy to follow ordinances, be respectful to our neighbors and continue to be great citizens, we don’t want this fight,” she said. “We’re here because we’re concerned that the new ordinance might be used disproportionately against the minorities in this town.”

Before the council voted on moving forward with the ordinances, council member Desiree Lafleur said the ordinances are not meant to target any specific group.

“It’s not appropriate for us to focus on any one group because these issues can and will involve everyone,” Lafleur said. 

With the council vote, town staff will draft an ordinance regarding public indecency, indecent exposure and public nudity. Ordinances must be approved by the council at a first and second reading before they take effect.