Wed, 09 Oct 2013 06:43:01 GMT
Jessica Krigsman, from Gravesend, New York, had been relaxing on a bench without her top when she was told to cover her breasts.
Krigsman, 24, filed the suit for unspecified damages, after she was arrested by two officers last July in Brooklyn's Calvert Vaux Park.
The performance artist who was arrested for going topless in a New York City park sued the NYPD on Tuesday for forcing her to cover up.
The officers, one male and one female, who approached the young woman told her to put on a shirt and asked for ID.
She responded that it was her right to sun herself topless, citing a 1992 New York State Court of Appeals, which states that baring one's chest in public is legal for a woman as it is for a man.
In May, the NYPD released an official memo informing all police officers that it is not illegal for women to walk around the city shirtless, and that they should not be cited for public lewdness or indecent exposure.
However it did not stop the officers from hauling Miss Krigsman down to the precinct in handcuffs where she was arrested and held for five hours. She was charged with obstruction of a sitting area but the charge was later dropped.
Her lawyer Stuart Jacobs told the New York Post: 'The female cop picked up Jessica’s shirt and forced it onto her.
Miss Krigsman's lawsuit is the latest incident to draw attention to discrepancies in the law over women going topless.
Like most U.S. states, it is not illegal for a woman to have an exposed chest in New York anywhere that it is okay for a man to do the same.
However, it has not stopped individuals being cited for 'public indecency' or 'disorderly conduct'.
In July, model Cheyenne Lutek and photographer Allen Henson made a statement about female nudity at trendy Italian restaurant Verso in the East Village.
Miss Lutek sat at a table with her breasts exposed while Mr Henson pulled out his camera to snap the scene.
Verso's owner Labinot Baraliu rushed over the table and demanded that the half-na-ked woman put her clothes back on. In response, Miss Lutek insisted that it was 'perfectly legal' to go topless in the restaurant.
After exchanging a few words with the owner, the couple were escorted out of the bistro.
Despite the legislation because a restaurant is private property, its patrons are subject to whatever rules the business has in place.
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