The Prison Bra Rule

Scharlette Holdman, then director of the Hawai'i ACLU, sought entry to a prison and was searched by a matron who discovered Holdman was not wearing a bra. The matron denied Holdman entry, relying upon a directive that required visitors to be 'properly dressed,' 'fully clothed including undergarments,' and stated 'provocative attire is discouraged.' Holdman's challenge stressed equal protection, under both the United States and Hawai'i state constitutions, arguing that the requirement that women wear bras while men need not constituted sex discrimination. Writing in 1978, the Hawai'i Supreme Court expressed some consternation about the slight record, but relying in part on deference to prison officials, the court found that dress standards are 'intimately related to sexual attitudes' and 'the omission of a brassiere as a conventional article of women's clothing' has been 'regarded as sexually provocative by some members of society.' ... The fact that Scharlette Holdman's lack of a bra became evident only upon a tactile search was irrelevant: the prison could still find it would be sexually provocative to the male inmates.