On July 7, 1992  the case of the People of New York State v. Ramona Santorelli and Mary Lou Schloss,  Judge Titone of the Court of Appeals of the State of New York,  summarized that the PEOPLE “have offered nothing to justify a law that discriminates against women by prohibiting  them from removing their tops and exposing their bare chests in public as men are routinely permitted to do. The mere fact that the statute’s aim is the protection of “public sensibilities” is not sufficient to satisfy the state’s burden of showing an “exceedingly persuasive justification” for a classification that expressly discriminates on the basis of sex (see, Kirchberg v. Feenstra, 450 U.S. 455, 461, 101 S.Ct. 1195, 1998, 67 L.Ed.2d 428). Accordingly, the gender-based classification established by Penal Law § 245.01 violates appellants’ equal protection rights.”

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