Judge Clears Way for 100-Nude Photo Op on Manhattan Street

A photographer who wants to take a picture of 100 nude models on a street received permission Friday from a federal judge who said the work is protected under the 1st Amendment.

The city had objected, saying the sheer number of nude models violated the privacy rights of residents.

U.S. District Judge Harold Baer Jr. decided in favor of Spencer Tunick, who is known for shooting nudes in public places. Tunick planned to take the shot around dawn Sunday on a street in lower Manhattan.

“I honestly think the body can be used by an artist as an art object, not as a sexual object,” Tunick said. “Bodies not touching, lying prone like they’re sleeping, is a human sculpture.”

In his ruling, Baer noted that laws do not limit the number of people who can be nude while performing in a play, exhibition or show. Therefore they should not limit the number of nude people in a photograph.

“The privacy interests of the residents of this neighborhood who can avert their eyes cannot outweigh the rights of others to exercise their 1st Amendment right to artistic expression,” Baer said.

Because the photograph will be taken at 5:30 a.m., it will not threaten the privacy rights of residents or present overwhelming concerns for traffic or safety, he said.

Sherrill Kurland, a lawyer for the city, said she will appeal.