NY- The four women who successfully defended themselves against charges after they walked through downtown Moravia topless in August have sent notice that they intend to sue municipalities involved in their case.
The notice of claim dated Thursday said the women's rights were violated and the case brought them unnecessary pain and suffering. They seek reimbursement for the costs in defending themselves and $1,500 each for their pain and suffering.
The Cayuga County District Attorney's office eventually dropped the charges against Carol Clarke, 54, of Branchport; Barbara Crumb, 61, of Branchport; Claudia Kellersch, 40, of La Jolla, Calif.; and Madeline McPherson, 40, of Rochester.
The notice of claim is addressed to Cayuga County, the village of Moravia and the town of Locke, where the initial arraignment took place.
The defendants were arrested Aug. 11 for being topless in downtown Moravia. Both Moravia village police and the Cayuga County Sheriff's Office took part in the initial call.
The district attorney's office - facing a 1992 state Court of Appeals ruling that said women can remove their tops in public places where men can as long as it's not for commercial purposes - sought to prove the women negatively affected commerce in Moravia by going topless. But it eventually determined it did not have enough evidence to sustain the charges.
The women had been in town for Moravia's Empire Haven Nudist Resort and Campground's annual convention.
The case garnered widespread media attention.
Television camera crews packed the sidewalk of the Moravia village court following one of their appearances before a judge.
In the notice of claim, the women said they were kept in custody - either in a Cayuga County Jail holding cell or in handcuffs while outside of jail - for more than six hours.
They said the initial charges filed - exposure of person - is a violation, something that does not warrant the treatment they received.
"We feel that this treatment was intended to harass, embarrass and intimidate us," the claim states.
In addition, the claim states the women never were read Miranda rights, even though they were being tape recorded at certain points.
Moravia Mayor Donald Myers said he had not yet been apprised of the legal notice Friday afternoon and was unsure what the village's response might be. "We'd have to refer that to the village attorney," Myers said.
Neither Cayuga County attorney Fred Westphal nor Locke officials could not be reached for comment Friday.
