Former Asheville City Council member Carl Mumpower and former Buncombe County Republican party chair Chad Nesbitt sent out an email today, Aug. 29, stating their intent to file a complaint against the Asheville Police Department. The men claim they have proof that a sexual act occurred during the Aug. 26 GoTopless rally and that APD officers failed to intervene: "That 14 officers (a number greater than those women who exposed themselves) would fail to note the action (there are others) and act reveals indifference, impairment, or performance issues," the men say in an emailed release to the press, Asheville City Council, city staff and others.

Prior to the GoTopless rally, Mumpower and Nesbitt encouraged men to attend, help "impair [organizers'] mission," and photograph and video it, awarding those who captured any alleged sexual, lewd or obscene behavior. The award-winning photo was published on a counter-protest site they created, http://www.gobrainless.org/Awards.html. On the website, Mumpower and Nesbitt note that one contest category — "most degrading example of public sexual performance" — was not awarded, because "There was lots of vulgar, questionable, and immature behavior, but none that triggered the word 'illegal.'" The men call the event a "a sexual performance street party billed as a topless protest."

In the complaint against the APD, Mumpower and Nesbitt submitted a video showing a man appear to make "oral connection with a woman’s exposed breast and nipple." In the emailed statement, the video is captioned, "Duh? Dirty?" — apparently in response to claims that GoTopless rally opponents were making the event seem dirty.

Here's an excerpt from the Mumpower/Nesbitt release:

Dear Council, Mr. Jackson, and Chief Anderson:

Just when it seems that we can step away from the dirt this event has brought to our city, another outcome from your lack of responsible action pops up. Today we received a picture and video illustrating sexual performance during the topless rally on Sunday. Attached, please find a complaint we would like to file against the officers in attendance for their failure to act and enforce the law. It would be our suggestion that political paralysis is a far greater detriment to police moral than calls for accountability. That 14 officers (a number greater than those women who exposed themselves) would fail to note the action (there are others) and act reveals indifference, impairment, or performance issues.