Suit challenging Chicago law prohibiting exposed breasts moves forward

File photo: Demonstrators wave to onlookers while marching in the 2017 GoTopless Day Parade on August 26, 2017 in Denver, Colorado. (Photo JASON CONNOLLY/AFP/Getty Images)

CHICAGO — A federal judge has given a green light to a transgender performance artist’s lawsuit challenging a Chicago ordinance prohibiting women but not men from exposing their breasts in certain public venues.

The Chicago Daily Law Bulletin reports the ruling rejects a city request to toss the suit. To prevail, Bea Sullivan-Knoff must still prove at a trial that the ordinance violates her constitutional rights and Illinois law.

Last week’s ruling says one legitimate question is whether the ordinance is too vague. Sullivan-Knoff argues it doesn’t indicate how police are supposed decide when transgender individuals have female breasts or when someone identifying as male no longer has female breasts. She says the ordinance limits her options about where to perform.

The city’s law department declined comment because the litigation is ongoing.