I made a bet with my boyfriend. He says that women may go topless in public anywhere that men are allowed to go without a shirt.
If I win, he has volunteer to pose nude for an art school. If I lose, then I have to spend two hours topless with him in Central Park next time we go to NY.
Lisa
2007-04-22 04:30:38 · 19 answers · asked by Lisa R 1 in Politics & Government ➔ Law & Ethics
A couple of people have referenced code 245 as forbidding exposed breasts, but they didn't mention that 245 was overturned in 1992 in the case of People v. Santorelli. Here's the quote, and the link is below.
Boyfriend wins. Enjoy your walk through the park.
[NAC NOTE: People v. Santorelli restricts the applicability of § 245.01. The Court of Appeals of New York ruled in 1992 that exposure of a bare female breast violates this law only when it takes place in a commercial context. As a practical matter, proper enforcement of this section can be a problem, since local enforcement agents are often unfamiliar with the case law that interprets the statutory language.]
2007-04-22 04:47:33 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Hope you like the sun! New York supreme court ruled that laws forbidding women to go topless were invalid because they were based on gender. No-one can go bottomless except in specific areas like nudist beaches, but in theory, any woman can walk around topless anywhere in NY.
I suspect you will be one of VERY few that take advantage of this particular freedom!
Legal note: Although several people rightly quoted 245, they missed an important point; lewdness by exhibiting female breasts is ONLY illegal if done in an commercial establishment - like a strip club. The Supreme Court ruling limited 245.01:
" in People v. Santorelli restricts the applicability of § 245.01. The Court of Appeals of New York ruled in 1992 that exposure of a bare female breast violates this law only when it takes place in a commercial context. As a practical matter, proper enforcement of this section can be a problem, since local enforcement agents are often unfamiliar with the case law that interprets the statutory language."
You might want to keep a copy of that ruling handy while you stroll topless in Central Park!
2007-04-22 04:47:00 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Yes, unless there has been a local law or ordinance passed to the contrary that specifically prohibits the exposure of a female breast. New York "decriminalized" our boobs supposedly in the mid-1990's.
Take a look at the photographs on the Jordan Matter website (nude section) to see a series of very tasteful photos of topless women going about their business in New York. The photos are posed (obviously) but done on location and show that bare boobs are really no big deal.
You win! But go topless in Central Park anyway...it's great!
2007-04-25 09:54:18 · answer #3 · answered by nudie chick 6 · 0⤊ 1⤋
You win and I'm sure his painting will be lovely. It is not legal for a woman to go topless in NYS. NYS Penal Law Section 245.
I seen my thumbs down, well thats fine and dandy, and I hope you enjoy the ticket you'll still receive, if not the arrest, because Law 245 is still on the books, and still in the most recent NYS PL, reguardless of what some judge has said.
2007-04-22 04:44:51 · answer #4 · answered by zebj25 6 · 0⤊ 3⤋
New York Penal Law
§ 245.00 Public lewdness. A person is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.
Public lewdness is a class B misdemeanor
2007-04-22 04:35:12 · answer #5 · answered by pleasehelpmydog 1 · 1⤊ 1⤋
Not so long ago there was a group of female protesters on a bus or the back of a truck lifting their shirts and they got arrested in NY.
BTW, While he is posing, let's meet in the park:)
2007-04-22 04:38:33 · answer #6 · answered by Nort 6 · 0⤊ 1⤋
You have lost. On the other hand, self-preservation overtakes commitments like this. It depends on what your intent is. Flashing others for your own sexual gratification is not allowed. A mass nude shoot was done in NYC, so it is not illegal.
2007-04-22 07:20:26 · answer #7 · answered by johnlloydscharf 4 · 1⤊ 0⤋
You'd think they'd want to keep the bare boobs inside the strip clubs, but alas, this is not the case.
compare:
2007-04-22 05:13:36 · answer #8 · answered by eat 4 · 0⤊ 0⤋
Depends. If a woman is a knock out like Torrie Wilson then yeah she is allowed. If she looks like Rosie Odonnell then she should have to wear a bag on her head when she goes out in public.
http://s04.imagehost.org/1725/torrie-wilson-111.jpg
2007-04-22 04:36:06 · answer #9 · answered by Anonymous · 1⤊ 3⤋
Doubtful.
2007-04-22 04:33:23 · answer #10 · answered by Anonymous · 0⤊ 2⤋