When my wife and I went to Aruba, we went to the downtown area near our hotel to shop. There were a bunch of small, touristy stores that sold tons of items, such as keychains, shot glasses, and bottle openers, all with “Aruba” emblazoned on them. And $40 bottles of sunscreen.
They also had lots of T-shirts and shorts, many with sayings printed on them that were not safe for work. Apparently, Aruba is not alone, and other tourist destinations also wrestle with provocative merchandise.
Last year, the Virginia Beach City Council passed a resolution sponsored by all 11 council members strongly encouraging retailers on the city’s popular Atlantic Avenue boardwalk to voluntarily remove what they deem “indecent” or “vulgar” clothing from display. The measure is intended to reinforce the area’s image as a family-friendly environment.
Virginia Beach is filled with hotels, restaurants, shops and entertainment spots. However, the council contends that lewd messages sprawled across the backsides of storefront mannequins and tongue-in-cheek T-shirts tarnish Virginia Beach’s wholesome image. Some of the women’s short-shorts on display, for example, bear slogans such as “Thick-fil-A” and “It ain’t going to spank itself.”
“Along Atlantic Avenue, there has been a proliferation of indecent and/or vulgar t-shirts and displays in storefronts displays,” the resolution reads. “The proliferation of such displays creates an unwelcoming environment for the very families to whom the City markets itself and the City’s residents.”
Unlike an ordinance or statute, a resolution is not a legally binding law. Therefore, the council “strongly encouraged” local shop owners to act in good faith and remove such material. “The City Council hereby requests that Oceanfront retailers, along Atlantic Avenue and elsewhere, voluntarily remove indecent and/or vulgar t-shirts and displays from storefronts,” the resolution says.
The council wants to clean up the area, given the Virginia Beach’s heavy dependence on tourism. Councilman Worth Remick, who represents part of the Oceanfront and has fielded numerous complaints, told The Virginian-Pilot, “This is a calm, gentle, nice way to say this is not good for our brand, for our city.” According to a study by the Virginia Beach Convention and Visitors Bureau, 14.1 million people visited Virginia Beach in 2023, which generated $2.5 billion of revenue.
“Some of my constituents, as well as colleagues on City Council and members of the community in general, have objected to these vulgar T-shirts being displayed and sold,” Remick said. “It doesn’t present a great image of our city.”
Some store owners oppose the resolution, claiming that the risqué clothes are some of their biggest moneymakers. Further, they argue that while some view the clothing as vulgar, others find it funny. City officials acknowledge this, for the resolution concedes, “Because the standard for criminal enforcement – obscenity – is a difficult standard to reach, the City Council desires voluntary action by retailers.”
In 1992, the city council adopted a similar resolution that discouraged shops from having lewd products. Because the problem has perpetuated, council members have long considered adopting an ordinance to ban the garments outright.
“We have a First Amendment, we have free enterprise, so we don’t want to go down the legal road at this point,” Remick remarked. “We want to see if they will comply with our request to remove the vulgar T-shirts. If they don’t, then I guess we’ll go to the next step, and talk about it amongst ourselves and with the city attorney.”
So far so good. “The owners have actually put conditions in place that they have to run a clean shop, so to speak,” said Vice Mayor Rosemary Wilson. So, life’s a beach again.
Reg Wydeven is a partner with the Appleton-based law firm of McCarty Law LLP. He can be reached at pcbusiness@postcrescent.com.
This article originally appeared on Appleton Post-Crescent: Does free speech extend to vulgar phrases on clothing? Wydeven talks T-shirts
Reporting by Reg Wydeven, For Appleton Post-Crescent / Appleton Post-Crescent
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By Reg Wydeven, For Appleton Post-Crescent | USA TODAY Network
