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JohnMongomery
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 Posted - 11/12/2004 : 5:42:04 PM
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cheri, I read tht but ths case came after:
http://home.att.net/~saran/buzzetti.htm
An NY law remans same so I dont thing the NY law has changed sadly. I wish it did cos maybe I would move to NY an try to get all these topless girls to come to are swm.
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nynudistcpl
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Posted - 11/13/2004 : 10:46:35 AM
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John,
Topless, regardless of gender, in NY State Parks and beaches is completlely legal and is not uncommon.
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Bob S.
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Posted - 11/13/2004 : 5:38:14 PM
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OK, John. Your Buzzetti case focues on sexual nudity. That nudity that is found in adult establishments that disallow minors from attending. That is a lot different than mere nudity.
In fact, a woman has organized on a number of occasions a topless picnic for women in Syracuse (?) NY. She and her fellow picnickers were not arrested as they were not violating any laws.
Cheri, alert the Admin to check John's ISP address. He is sounding a lot like Doug, which would explain why his first few postings in support for those "valiant" textiles who were just deleted.
Bob S.
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Skynydyper
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Posted - 11/13/2004 : 8:34:15 PM
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Thanks Bob.S.finally someone has seen the light(in regards to last paragraph). In keeping with THE thread I agree with you 100% about the first two paragraphs.
Skynydyper
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JohnMongomery
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Posted - 11/16/2004 : 12:16:23 PM
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I searchhed in New york an found this: http://gonyc.about.com/cs/summer/a/beaches.htm and there is mentsion of one topless/co beech. According to what everyone says all beaches are toplesss in NewYork by I dont see that. Soemone show me where topless legal in Newyork by law. I wish it was but I dont see it.
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JohnMongomery
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Posted - 11/16/2004 : 12:32:02 PM
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Bob just becos i have a brain doesnt meen Im nosome else. I looked at that cae I quoted which came after the other case:
See, e.g., United States v. Biocic, 928 F.2d 112, 115-16 (4th Cir. 1991) (upholding a public indecency statute that applied to topless females but not topless males, and noting that, in our society, the "erogenous zones . . . . still include (whether justifiably or not in the eyes of all) the female, but not the male, breast")
they qote and newyork still hass laws in against toplessness. I dont think its legal cause its still on books.
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Cheri
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JohnMongomery
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Posted - 11/16/2004 : 4:27:52 PM
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Cherry, thx I read that before.NY law reads
§ 245.01 Exposure of a person. A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.
the footnote isnt legal text. If toplessness was legal perhps then you could explain why there was ONLY ONE toplesss beech in Newyork when according to you they are all topless?
I showed my riends the NAC site and they said it was nonsense and not to talk to seriously.
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JohnMongomery
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Posted - 11/16/2004 : 4:49:00 PM
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I read the case I fond an it said:
Given New York City's objective, which is not to oppress either gender's sexuality but to control effects that flow from public reaction to the conduct involved, we must recognize that the public reactions to the exhibition of the female breast and the male breast are highly different. The male chest is routinely exposed on beaches, in public sporting events and the ballet, and in general consumption magazine photography without involving any sexual suggestion. In contrast, public exposure of the female breast is rare under the conventions of our society, and almost invariably conveys sexual overtones. It is therefore permissible for New York City, in its effort to achieve the objectives of the Zoning Ordinance, to classify female toplessness differently from the exhibition of the naked male chest. This does not constitute a denial of equal protection
it makes no sence as Bub says that toplessness legal because this is inconsistant with that. And I found that site on Newyouk beeches which shows only one topless beeach when all beaches are supposeddly topless! Thats inconssitant was well!
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Edited by - Moderator on 11/17/2004 5:55:47 PM |
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Skynydyper
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Posted - 11/16/2004 : 8:14:48 PM
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JohnM listen to Cheri;she was clothes-free long before you were in 3-cornered pants!
Skynydyper
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Skynydyper
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Posted - 11/16/2004 : 11:00:58 PM
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quote:
Originally posted by JohnMongomery
i use my brain an i can read the lawws an use coommon sense
JohnM reading and interpreting(understanding)the laws are two different matters(although symbiotic)to understanding.Of course spelling is a different matter.
Skynydyper
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Bob S.
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Posted - 11/17/2004 : 9:49:58 PM
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"Soemone show me where topless legal in Newyork by law."
People vs. Santorelli gave women the right to be topless by reason of caselaw. This case went to the Appelate court of New York if I am correct and was not appealed by the prosecution. And as far as I am aware of, the Appelate court has not heard any case that has dealt with the same merits. That means that the case is ruling in the laws.
Why aren't more beaches in New York topfree? They are legally but not in practice. Believe it or not, even in the years that have elapsed, most women do not know their legal right in New York. And so far, only one beach in New York is traditionally topfree. That is why there is only one mentioned.
And as for why it isn't in the official law, well lawmakers love to pass laws but not to change them when it is obvious that they are outdated or irrelevant. Go to google and type in stupid laws. You will find some laughable laws that are still in effect in many parts of the US (and probably Canada as well). Did you know that Mississippi only outlawed slavery in the 1990s?
"I showed my riends the NAC site and they said it was nonsense and not to talk to seriously."
Are these 'riends of yours in the legal profession and knowledgeable in US law?
"Bob just becos i have a brain doesnt meen Im nosome else."
What's with the hostility, John? All you had to say was that I was wrong. Or am I?
Bob S.
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Edited by - Bob S. on 11/17/2004 9:59:14 PM |
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apiarist
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Posted - 11/18/2004 : 2:08:56 PM
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This case went to the Appelate court of New York if I am correct and was not appealed by the prosecution.
Bob, not practicing in New York I can't comment on the case you cited. However, it may help your understanding to know that in New York, the Court of Appeals is the highest court. There are intermediate appellate courts. The Supreme Court is a trial court. This is not the case in most states.
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JohnMongomery
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Posted - 11/18/2004 : 7:44:08 PM
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there was dat case aftger I quoted and I find this article:
http://www.power-of-attorneys.com/topless_woman.htm
an its says in part.
Ronald L. Kuby, Gunderson's lawyer and a longtime judge at the parade, said Gunderson was within her rights to be topless because her float and costume fell within the definition of entertainment.
The parade, a Coney Island fixture for two decades, has traditionally featured floats with topless women dressed as surf-tossed sea creatures.
But in 2001, police issued Gunderson a criminal summons for exposure, and other topless women quickly covered up with seashells, beads and Band-Aids
but accordin to bub woman can walk around nude york all they want. The case was settleedd but tha polise see to think toplessness illegal. I find it funny they dont knows it legal.
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Admin
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Posted - 11/19/2004 : 01:29:33 AM
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Just in case you guys were interested, I've posted some reasons for getting banned here, just for reference.
Kevin
For John M: em srry u gt bannd, maybee it wuz yr bad speeling dewd.
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