This decision means that breast exposure is not considered public lewdness, indecent exposure, or disorderly conduct. It also notes that, should a crowd form around a topless woman, the officer should instruct the crowd to disperse and then respond appropriately if it does not. Relative coverage is no longer a factor.
This policy shift comes after several years of litigation and protest. In the 1992 case People v. Ramona Santorelli and Mary Lou Schloss, the New York Court of Appeals ruled in favor of two women who were arrested with five others for exposing their breasts in a Rochester park, holding the law void as discriminatory. The ruling was put to the test in 2005, when Jill Coccaro bared her breasts on Delancey Street in New York, citing the 1992 decision, and was detained for twelve hours. She subsequently successfully sued the city for $29,000.
In 2007, Go Topless, a national organization supporting gender equality in shirtlessness laws, established Go Topless Day.
Dozens of women protest – often topless – in thirty cities around the United States, promoting equal rights to be shirtless. Protests usually include chants of “Free your breasts. Free your minds” and a song “Let ‘em Breathe” to the tune of the Beatles’ “Let it Be.”
While some who have witnessed these events have suggested that "[t]his is extreme liberalism and why America’s in decline” or “[i]t’s degrading to women,” others have been supportive. One man even said he would encourage his wife to join them.
Though bare-breasted women might shock the sensibilities of some in the public, it is encouraging to see the police responding positively to gender bias, even on such a seemingly small scale. After all, no one thinks twice about a man shirtless on a summer day. However, the female nipple or chest is still considered “lewd.” By reminding its officers of this, the NYPD is publicly declaring that it will no longer perpetuate unconstitutional gender discrimination, a standard to which all law enforcement should be held and a decision for which it should be applauded.