Keith Mack
In 1992, New York State law was amended to make it legal for women to go topless in public. This came about after a group of women, including Ramona Santorelli and Mary Lou Schloss, were arrested in 1986 for protesting a law that appeared to make it illegal for women to go topless. Santorelli and Schloss challenged their convictions in court, arguing that it was unconstitutional to ban women but not men from going topless. The court threw out their convictions, and the state's highest court ruled that it was legal for women to go topless, with the exception of doing so for commercial purposes. Despite this, women going topless in New York City have been arrested and faced pushback from the police, and the public, in recent years.
| Characteristics | Values |
|---|---|
| Location | New York State |
| Legal Status | Legal since 1992 |
| Exceptions | Women are prohibited from being topless in public for commercial purposes |
| Ruling | People vs. Ramona Santorelli and Mary Lou Schloss |
| Penal Code | 245.01 |
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What You'll Learn
- Women have been legally allowed to go topless in New York since 1992
- The ruling was made by the NY Supreme Court under the grounds of gender equality
- The law does not permit toplessness for commercial purposes
- Women are still sometimes stopped by police for being topless
- The #FreeTheNipple movement has gained traction on social media
Women have been legally allowed to go topless in New York since 1992
Women have been legally allowed to go topless in New York State since 1992. The ruling came about after seven women were arrested in Cobbs Hill Park, Rochester, in 1986 for being topless in a public area. They fought the case all the way to the NY Court of Appeals, and the NY Supreme Court amended the penal law, ruling it legal for women to be topless in public under the grounds of gender equality. The only exception to the law is that women are prohibited from being topless in public for commercial purposes.
Despite this ruling, women continue to be arrested and charged with indecency for going topless in public. In 2005, Jill Coccaro, also known as Phoenix Feeley, was arrested on Delancey Street for being topless. After being detained for twelve hours, she sued the city and was awarded $29,000 for her unlawful arrest.
In 2015, a group of women known as "desnudas" or "the naked ones" caused controversy by walking around Times Square in New York City wearing nothing but paint over their breasts. Mayor Bill de Blasio wanted the women to be arrested for indecency, but he faced a complicated legal landscape due to the 1992 ruling. City officials stated that the women could not be arrested as they were street performers, and therefore their actions were protected by the First Amendment.
While it is legal for women to go topless in New York State, it is not a common occurrence, and many people are unaware of the law. There are also social norms and ideas around nudity that may make some women feel uncomfortable or anxious about going topless in public. However, advocacy groups like GoTopless have emerged to promote topless equality and raise awareness of the legal right to go topless.
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The ruling was made by the NY Supreme Court under the grounds of gender equality
In 1992, the NY Supreme Court ruled that it was legal for women to go topless in public in New York State under the grounds of gender equality. This ruling amended the New York "Exposure of a person" law, which included the female nipple in its description of body parts that are not allowed to be exposed in public. The ruling came six years after seven women were arrested in Rochester, New York, for being topless in a public area. These women fought their case all the way to the NY Court of Appeals, and their efforts, along with those of other activists, led to the historic ruling.
The ruling was a significant step towards gender equality, as it recognized the unfair double standard that had previously existed regarding toplessness. Men have traditionally been allowed to walk around topless without issue, while women doing the same have faced legal consequences and social stigma. The ruling affirmed that women have the same rights as men to go shirtless in public, free from discrimination or harassment.
Despite the ruling, there is still some ambiguity and controversy surrounding the issue. While it is legal for women to go topless in New York State, there are exceptions and grey areas that can lead to confusion and varying interpretations. For example, women are prohibited from going topless in public for commercial purposes, such as asking for tips or soliciting money. Additionally, local ordinances may ban or allow the practice in opposition to state law, and police officers may still arrest citizens for "public indecency" or "disorderly conduct."
As a result, women who choose to go topless in New York State may still face social and legal challenges. There have been reports of women being approached by the police or facing social stigma for exercising their legal right to go topless. However, the ruling has empowered women to challenge unlawful charges and fight for their rights. Advocacy groups like GoTopless have emerged to support and promote topless equality, and events like Go Topless Day aim to normalize and celebrate women's right to go topless.
Overall, the NY Supreme Court's ruling under the grounds of gender equality was a pivotal moment in the fight for women's rights and equality. While there is still work to be done to ensure that women can exercise their right to go topless without fear or discrimination, the ruling has paved the way for greater freedom and equality for women in New York State and beyond.
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The law does not permit toplessness for commercial purposes
While it is legal for women to go topless in New York State, the law does not permit toplessness for commercial purposes. This exception to the law is important to understand, as it prohibits women from being topless in public indefinitely if they are doing so for commercial reasons.
The law surrounding commercial toplessness is complex and often ambiguous. In 1992, the New York Supreme Court amended Penal Law 245.01, which involves public indecency and exposure, ruling it legal for women to be topless in public under the grounds of gender equality. However, the law still states that ''non-lewd' nudity is protected, with ''lewdness' being an ambiguous term that is often left to interpretation by police officers.
In 2015, a group of women known as "desnudas" or "the naked ones" walked around Times Square in New York City wearing nothing but paint over their breasts, causing controversy. These women were asking for tips after taking pictures with tourists, which raised the question of whether their actions were commercial and therefore illegal. City officials stated that arresting these women for indecency was not an option, as they could argue that they were street performers, protected by the First Amendment.
The complex legal landscape surrounding commercial toplessness in New York State highlights the ongoing debate and interpretation of what constitutes indecency and commercial activity. It is important to stay informed about the specific laws and regulations regarding toplessness in public spaces, especially when it comes to commercial purposes.
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Women are still sometimes stopped by police for being topless
In 1992, the NY Supreme Court amended Penal Law 245.01, which involved public indecency and exposure, ruling it legal for women to be topless in public under the grounds of gender equality. However, despite this ruling, women are still sometimes stopped by the police for being topless.
In 2005, for example, Jill Coccaro, also known as Phoenix Feeley, was arrested on Delancey Street for being topless in public. She was awarded $29,000 for her unwarranted arrest. In another instance, a woman was stopped by the police three times while sledding topless because people kept calling the police on her. The police let her go after verifying that she was not being lewd.
These incidents highlight that, although it is legal for women to be topless in New York, there is still a social stigma surrounding it. Women who choose to exercise their legal right to go topless may face scrutiny and judgment from others, leading to unwanted attention and potential legal consequences.
While the law has changed, social norms and ideas around nudity and gender equality continue to evolve. Some people may feel uncomfortable with the idea of women being topless in public, while others may embrace it as a form of empowerment and a way to challenge societal norms.
It is important to note that, while the law protects women's right to go topless in New York, there are still limitations. For example, women are prohibited from being topless in public for commercial purposes, and there may be local ordinances that ban the practice in certain areas. Additionally, the interpretation of non-lewd nudity can be ambiguous, leaving room for varying interpretations by law enforcement officers.
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The #FreeTheNipple movement has gained traction on social media
The #FreeTheNipple movement has gained significant traction on social media platforms such as Instagram, Twitter, and Facebook. The movement, which originated from the 2012 film "Free The Nipple" by Lina Esco, advocates for gender equality and challenges societal norms that sexualize and police women's bodies. It aims to highlight the double standards in dress codes that often permit men to go shirtless while imposing stricter rules on women.
The movement's hashtag #FreeTheNipple has been used by celebrities and activists alike to show their support and spread awareness. In 2014, celebrities such as Miley Cyrus, Lena Dunham, Chelsea Handler, Rihanna, and Chrissy Teigen posted photos on social media to support the initiative. Cyrus's Instagram post featuring the hashtag was removed by the platform, but that did not stop the movement from gaining momentum.
In 2015, the campaign received international attention when a teenage student activist in Iceland posted a topless photo and faced online harassment. This incident sparked widespread support in Iceland, with women and allies, including a member of the government, posting topless photos with the #FreeTheNipple hashtag. The movement has also gained support from celebrities like Cara Delevingne, Kendall Jenner, and Amber Rose, who have shown their bare-chested support.
Despite the movement's impact, challenges persist, and the need for body equality remains. Instagram, for instance, has been criticized for its inconsistent approach to posts featuring the female body, with artists and activists experiencing increased post deletion and account disabling. Additionally, the movement has faced scrutiny from scholars who question its inclusivity and representation of all women.
Nevertheless, #FreeTheNipple continues to be a powerful voice in the fight for gender equality and body acceptance, drawing parallels to historical feminist protests and suffragette movements. It has sparked global protests, legal battles, and important discussions about artistic expression and censorship.
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Frequently asked questions
Yes, it has been legal for women to go topless in public in New York City and the whole state since 1992.
The change in law was a result of a 1992 court case, People vs. Ramona Santorelli and Mary Lou Schloss, which argued that it was unconstitutional to ban women but not men from going topless.
No, women are prohibited from being topless in public for commercial purposes.
GoTopless is an organisation that advocates for "toplessness equality" in the U.S. They have an annual Go Topless Day in August, which includes a parade of chest-baring men and women.
While it is legal for women to go topless in New York, it is not common. Women who choose to go topless may face social anxiety and stigma, as well as police harassment.
