A small group of transgender women who went topless over the Memorial Day weekend in Rehoboth Beach, Delaware have created a stir.

Beachgoers in the small – and gay-welcoming – seaside town complained to lifeguards about the topless women. The pre-operative transgender women initially refused to cover up, but complied once police arrived.

Police say the women would not have been arrested under the city's indecent exposure law because they did nothing illegal.

“It is important to say that under Rehoboth law this was not against the law,” Police Chief Keith Banks told The News Journal of Delaware. “In this case, they had male genitalia; therefore, they are not guilty of a crime.”

At least one gay activist disagreed, saying that transgender people should follow the laws that apply to the sex they identify with.

“If a person was born male but identifies and is transitioning as a female then they need to abide by the laws that deal with females but they also need to be respected and treated that way,” Steve Elkins, director of gay group Camp Rehoboth, told local CBS affiliate WWMT Newschannel 3.

While Banks said current rules regulating beach nudity suffice, Rehoboth Commissioner Kathy McGuiness said she would bring up the issue at a town hall meeting next week.

“I hardly see us reversing the topless law. I don't think we are going to repeal it and allow women to go topless,” McGuiness said. “Now if someone is going to go through the process of having implants, then they probably should think about following the laws of the person they would like to become.”