Why Times Square's topless women may be here to stay

In recent months, women wearing body paint and little else having been posing for photos in Times Square, joining the ranks of costumed characters like Cookie Monster and Spider-Man.

They're all hoping to score a smile and a few dollars from the droves of mobile-phone toting tourists.

In addition to the women, a few misbehaving "rogue" costumed performers have generated embarrassing headlines like "Minnie Mouse and Hello Kitty get into fight over tips."

Tourists seem more amused than scandalised, but the presence of the "desnudas" - or the naked ones - has stirred fears of Times Square regressing from a family-friendly tourist destination to a place once known for strip joints, pawn shops and seedy hotels.

Last week Mr de Blasio formed a task force to combat the proliferation of the busking street performers, but tellingly the plan not did involve cracking down on the women but rather taking away their stomping grounds. Mr de Blasio has floated the idea of removing Times Square's pedestrian plazas, where the performers most often find their customers.

So why have the NYPD not charged the women with indecent exposure and called it a day? The first amendment of the US Constitution is apparently the reason.

In New York, busking - even topless - is considered a form of protected speech, leading authorities to tread lightly when it comes to the performers.

"It's their argument that they are artists, or street entertainers, and not just someone hanging around half-naked," Larry Bryne, the deputy police commissioner for legal matters, told the New York Times.

"As long as they are performers exercising their First Amendment rights in a lawful way, it's not a criminal law-enforcement issue that we can address."

If the women start harassing tourists or become very aggressive in their busking, police could become involved, but thus far the women are letting the tourists come to them.

Some - including the New York Times editorial board - are wondering what the fuss is about when topless men are commonplace all over the city in the spring and summer.

Others have suggested creating "specialised areas" for the performers to work. Or as the New York Post tactfully put it - creating "pens" for the "pests".

Mr de Blasio's task force will return its findings in October. But so far Mr de Blasio's call to remove the pedestrian plazas isn't winning a lot of praise.

The plazas - designed to make the once traffic-clogged Times Square more inviting for visitors - have been as seen a big success among urban planners and most importantly city business leaders.

Manhattan Borough President Gale Brewer - normally an ally of the mayor - called the idea of destroying the plazas "preposterous".

The Times Square Alliance, which represents local businesses, also took a dim view of Mr de Blasio's plan.

"That's not a solution, it's a surrender," said Tim Tompkins, the organisation's president.

(BBC)