CORRECTION APPENDED

A Cambridge woman’s past was disrobed last week when the state’s highest judicial court resurrected indecent exposure charges that had been filed against her several years ago.

Ria Ora was arrested in June 2005 on charges of open and gross lewdness when Out of Town News employees called the police after seeing Ora dancing naked in the Square pit, protesting the commercialization of Christmas. The charges were originally dropped because the Cambridge District Court ruled that dancing naked is constitutional under “expressive conduct protected by the First Amendment,” according to the ruling.

Ora, 31, had been charged with breaking a 1784 state law—prohibiting lewd conduct that shocks and alarms an unsuspecting or unwilling public—which the Cambridge District Court then declared unconstitutional on the basis that the law was overbroad.

But last week the Massachusetts Supreme Judicial Court disagreed that the 1784 law was overbroad.

Because the law stipulates that the lewd behavior must be imposed on unwilling people and cause a “serious negative emotional experience,” it does not infringe on First Amendment rights and is thus constitutional, according to the Court.

Bethany Stevens, assistant district attorney representing the Commonwealth ruling, declined to comment.

The felony charges against Ora have been reinstated, and her case will go to trial soon, said Ora’s lawyer Daniel Beck. In order for the state’s case to hold up, the Out of Town News employees who called the police would have to come to court and testify as to being shocked and alarmed by Ora’s nudity, and Beck said he is doubtful that they would do so three years after the incident.

If found guilty, Ora could face up to three years in prison.

Beck, however, feels sure that he and his client have a strong case.

“I think we are pretty confident that if and when this case goes to trial that she will not be found guilty of the charge,” he said.

But students at Harvard who cherish running naked at Primal Scream need not worry about getting arrested, because bystanders know they will be exposed to nudity when they show up and thus are not unwilling.

And this biannual opportunity seems to be enough public nudity for most students.

“Personally I didn’t have any grand plans to be naked in the Square,” said Whitney E. Adair ‘11.

CORRECTION

The April 16 story, "Nude Dancer Faces Felony Charge," misstated the charge that defendant Ria Ora is facing. She is facing charges for gross and open lewdness, not for indecent exposure.