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People v. Nixon

Supreme Court, Appellate Term, Second Department
Nov 29, 1976
88 Misc. 2d 913 (N.Y. App. Term 1976)

Opinion

November 29, 1976

Appeal from the City Court of Yonkers, JESSE M. EISEN, J.

Eugene J. Fox, Corporation Counsel (Richard L. Steer of counsel), for appellant.

Doran, Curran Doran for respondents.


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 U.S. 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 First Amendment rights. Even if the ordinance may be constitutionally applied to the activities of defendants, it may be challenged on the basis of overbreadth if, as here, it is drawn so as to sweep within its ambit the speech or expression of other persons not before the court (Doran v Salem Inn, 422 U.S. 922).

Concur — FARLEY, P.J., PITTONI and GAGLIARDI, JJ.


Summaries of

People v. Nixon

Supreme Court, Appellate Term, Second Department
Nov 29, 1976
88 Misc. 2d 913 (N.Y. App. Term 1976)
Case details for

People v. Nixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SANDRA NIXON and JOSEPH…

Court:Supreme Court, Appellate Term, Second Department

Date published: Nov 29, 1976

Citations

88 Misc. 2d 913 (N.Y. App. Term 1976)
390 N.Y.S.2d 518

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