Resident urges Select Board to consider ordinance after public-nudity incidents; police caution limits of state law

At the public comment portion of the meeting, resident Desiree Mats described multiple incidents of public nudity — including an individual she said used a railroad trestle as a "stage" near her property — and urged the Select Board to consider an ordinance to protect children and discourage repeat conduct.

"It was appalling," Mats said, recounting that children were present during some of the episodes and urging the town to adopt a rule like those in Burlington, Bennington and Barre. She told the board police had visited her home and she viewed the behavior as misconduct.

Town staff and board members noted limits to local enforcement. During discussion the manager and police representatives explained that under state law nudity alone may not be a crime unless accompanied by lascivious conduct, and that municipalities can adopt ordinances but enforcement would require catching offenders in the act. "If somebody's just out skinny-dipping at the river, then they're not doing anything wrong," a staff or police speaker said, explaining the distinction the department uses when deciding whether to pursue charges.

Board members expressed sympathy for the complainant and concern about children’s exposure but said it would be premature to draft an ordinance without a police assessment of enforceability and available resources. The board asked staff to consult with the police chief about whether a municipal ordinance would be enforceable in practice and to report back.

Next steps: staff will confer with the police department on options and enforcement practicality; no ordinance was adopted at this meeting.