Justice judge court gavel scales

A federal appeals court panel has upheld a lower court injunction against a Fort Collins ban on women going topless in public.

The Denver Post reports that the Denver-based 10th U.S. Circuit Court of Appeals panel voted 2-1 to return the case to U.S. District Court in Denver for further consideration.

Fort Collins had appealed the lower court's decision to grant a preliminary injunction against enforcement of the ban, which was enacted in 2017.

A group called Free the Nipple-Fort Collins sued the city, arguing the ban violated the U.S. Constitution's Protection Clause. The district court agreed.

Fort Collins city spokeswoman Emily Wilmsen says officials are reviewing the decision and plan to discuss next steps with the city council.

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