Citing selective law enforcement by the Key West Police Dept., new State Attorney Mark Kohl has dropped all charges against local designer Kathy Eddins. Eddins was one of dozens of women who were arrested, handcuffed and jailed during Fantasy Fest for exposing painted breasts or playfully showing their breasts for beads.
A curious aspect of Eddins' case is that she has no breasts. She had a double mastectomy in May 1999. She was arrested anyway.
In his "nolle pros" order dated Jan. 19, Kohl pointed out that, although a City ordinance prohibits body painters from painting "any portion of the human body that is in a state of nudity", artists who painted the breasts of those women arrested had been issued permits by the City.
"Those artists were not arrested, only the women who had been painted," Kohl told Key West the Newspaper. "That's selective enforcement."
Kohl also pointed out that many other women who exposed painted breasts or "flashed," were not arrested.
"Some of the women on the floats were showing painted breasts, in plain view of the police," Kohl said. "None of those women were arrested. That's selective enforcement."
Also in his Eddins order, Kohl pointed out that the City ordinance on public nudity says that a woman who bares her breasts is not in violation if her breasts are covered by "opaque" material. Presumably a we t-shirt would qualify as opaque material.
"In the Eddins file, there is no evidence that there was less than fully opaque covering of any portion of the breasts or nipples," Kohl wrote.
"In fact," Eddins said, "I particularly asked the artist to put on a heavy coating of paint to try to hide my surgical scars."
In a telephone interview with KWTN, Kohl hinted that he might also drop charges associated with other Fantasy Fest "flashing" arrests for the same reasons.
At press tie, no one from the Police Dept. had responded to a request for comment.
"The City owes Ms. Eddins a public apology," said City Commissioner Tom Oosterhoudt, who has been critical of the Police Dept. for "overkill" during Fantasy Fest.
"A week or so ago, I was subpoenaed to testify in one of these cases," he said. "I heard Police Chief Buz Dillon testify under oath that, before Fantasy Fest, he had sent out a press release saying that people who were questionably undressed would be warned first, and that repeat violators could face arrest.
"But I also heard Sgt. John Hardy testify under oath that he didn't issue any warnings before arresting people because he "didn't have to," Oosterhoudt said.
Oosterhoudt and others have criticized Hardy as a "rogue" cop. Many of the arrests for flashing during Fantasy Fest were made by Hardy.
"But I heard from a friend who knows Hardy that he was told by someone higher up to really crack down on flashers," said Kathy Eddins.
Oosterhoudt renewed his call for the City Commission to authorize an "adult entertainment zone" downtown for the 2001 festival— just as the Commission annually waives the open container law downtown during Fantasy Fest.
In addition, Oosterhoudt said he supports the idea of an alcohol-free "family fun zone" at Bayview Park on Fantasy Fest parade night.
"I feel sure that the parade route could be modified to allow families with children to watch it from the park," he said.