Opinion · Appellate Terms of the Supreme Court of New York
People v. Nixon
88 Misc. 2d 913
- Type
- Opinion
- Court
- Appellate Terms of the Supreme Court of New York
- Jurisdiction
- New York
- Date
- 1976-11-29
- Topic
- general
Memorandum. The orders should be affirmed. In our opinion section 40-1 of the Yonkers City Code is unconstitutional on its face. Although topless dancing in establishments selling liquor may properly be regulated (California v La Rue, 409 US 109), the ordinance involved is an across the board prohibition against any breast exposure in public. Since the thrust of the statute is directed against nudity rather than obscenity, it infringes upon the exercise of *914First Amendment rights.
Citator
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- Authority status
- pending
- Cited by
- 10 opinions
Memorandum. The orders should be affirmed.
In our opinion section 40-1 of the Yonkers City Code is unconstitutional on its face. Although topless dancing in establishments selling liquor may properly be regulated (California v La Rue, 409 US 109), the ordinance involved is an across the board prohibition against any breast exposure in public. Since the thrust of the statute is directed against nudity rather than obscenity, it infringes upon the exercise of
Concur — Farley, P. J., Pittoni and Gagliardi, JJ.