Constitutional Law

Mayor vows aggressive approach to restrict topless women in Times Square; is it constitutional?

  •  
  •  
  •  
  •  
  • Print.

In a news conference on Tuesday, New York Mayor Bill de Blasio vowed to take an aggressive approach to painted topless women in Times Square, while acknowledging some First Amendment issues.

De Blasio asserted that the women, who seek money to pose for photographs, are engaged in a business and that opens the door to regulation, report the Wall Street Journal (sub. req.) and the New York Times. The women compete with costumed characters for cash, generating complaints that members of both groups are overly aggressive.

It’s not illegal for women to go topless in New York, the articles say.

According to the Wall Street Journal, a crackdown by de Blasio “could test the balance between civil liberties and public order at one of the world’s busiest crossroads.” Cracking down on the topless women, but not others, could put the mayor on “on shaky ground,” the story says.

De Blasio didn’t offer any details on how he would restrict the topless women. City council member Corey Johnson said he was working on a bill that would place “time, place and manner restrictions” on the women and costumed characters in Times Square.

Updated at 9:48 a.m. to fix references to Bill de Blasio.

Give us feedback, share a story tip or update, or report an error.