A woman in New York has the right to be topless at any place where a man may be topless, as long as she is not engaging in commerce. In 1992, the New York Court of Appeals narrowed the scope of the state's public nudity law in the case of The People of the State of New York v. Santorelli et al. The case has several implications, notably for mothers who breast-feed. The state may still regulate strip clubs.
Public Exposure Defined
Article 245 of New York's Penal Code addresses public exposure. Section 001 defines exposure as uncovering intimate parts, including "that portion of the breast which is below the top of the areola." The section note further provides that the law does not apply to breast-feeding or toplessness in a play or other entertainment. The code also allows cities, towns and villages to adopt public nudity laws covering entertainment, allowing them to restrict strip clubs.
People v. Santorelli
The court decision in People v. Santorelli et al narrowed the scope of the state's exposure law. Police in Rochester charged seven women for exposing their breasts in a public park. The court found that the law discriminates against women and that the law serves no important government interest. The court also noted that the legislature originally intended to discourage topless waitressing. Therefore, they ruled that the law still applies in a commercial context. Consequentially, state law allows displays like the Aug. 24, 2009, "National Go Topless Day" rally in New York City's Central Park.
Breast-feeding
New York, along with 43 other states and the District of Columbia, specifically allows women to breast-feed in public. About 70 percent of American women breast-feed babies. New York law specifically shields breast-feeding women from obscenity laws and requires that employers provide women a private area to express breast milk.
Strip Clubs
New York law does allow for nudity, including exposed breasts in private clubs under the entertainment clause of Article 245, Section 001. However, the state code prohibits nudity in any establishment that serves alcohol. Some establishments get around this rule by opening "juice bars." This allows the club to have naked male and female employees anywhere in the club.
Zoning Laws
Many municipalities restrict adult clubs through zoning laws. In New York City, an April 2010 ruling allowed city inspectors to enforce zoning restrictions on businesses catering to adult entertainment. The city restricts adult entertainment, including topless clubs, to certain zones in the city. Any other establishment may only dedicate 40 percent of its space to adult entertainment.
References
- Cornell University Law School: The People of the State of New York v. Santorelli et al
- New York Penal Code: Article 245
- New York Daily News: City Wins Power to Shut Down Strip Clubs That Flout New York Zoning Rules
- New York Senate: S4353
- New York Daily News: Topless Women March in Central Park For Right to Bare Breasts
