Legal Question in Civil Rights Law in New York

womens rights

Under the ERA amendment and Fed. Supeme Court: May a women be toppless anywear a man can be?


Asked on 6/29/07, 3:14 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: womens rights

The ERA was never ratified by the States; therefore, there is such law. Women cannot appear topless in public places.

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Answered on 6/29/07, 3:24 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: womens rights

No. First of all, in the case of employment situations, there are obviously employers who seek to exploit topless women, or as the case may be in chippendales, bottomless men. The two are not interchangeable

because of the clientele.

Second, although there have been challenges to a cocktail lounge owner's right to require a waitress to wear makeup, the general rule is that if you want that type of job you need to go along with that type of image.

You may be asking about pools and public beaches, and there the answer is definitely no. Topless men and women are not equal. One is considered normal, and the other is considered either indecent or sexy or both. I have actually seen a judge request a female attorney who came to court on a hot day without a bra, but otherwise properly clothed, to wear a bra because it ("they") was stopping him from concentrating. Go figure.

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Answered on 7/01/07, 10:19 am


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