HEADLINE

New York City has a right to make laws concerning women's breasts that are different from laws about men's breasts, according to a federal court ruling that the U.S. Supreme Court has allowed to stand. \n Adele Buzzetti, owner of the Cozy Cabin in Queens, and an exotic dancer, who was identified in court papers as Vanessa Doe, sued the city. They argued that a 1995 ordinance that bans topless dancing was biased against topless women, but not topless men. \n Papers filed in the case of Buzzetti v. New York said "there is a substantial demand in New York City for bare-chested erotic dancers" but the city only tolerates bare-chested dancers who are male. \n The case first went to federal district court, where the city ordinance was upheld. Next, it was taken to the 2nd U.S. Circuit Court of Appeals, which also ruled against Buzzetti's Cozy Cabin. \n The appeals court judge said New York City was not trying to oppress the sexuality of either men or women. The city was only trying to control public reaction to certain types of conduct. "We must recognize that the public reactions to the exhibition of the female breast and the male breast are highly different," the ruling said. As a result, this is not a case of the government denying equal protection under the law. \n The case was appealed to the U.S. Supreme Court, which declined to review the decision. As a result the appeals court ruling which permits cities to distinguish between male and female breasts will stand. \n The Cozy Cabin case is different from other cases involving a zoning ordinance that precludes adult businesses from locating within 500 feet of schools or churches or each other. Legal challenges to that law, so far unsuccessful, are still ongoing.