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NSFW: Topless Photos Elicit $1.1 Million Lawsuit From Empire State Building


By

Christopher Robbins

Published Jan 14, 2014

Modified Jan 14, 2014


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Allen Henson

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By

Christopher Robbins

Published Jan 14, 2014

Modified Jan 14, 2014


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The top of the Empire State Building is a wind-swept salon, a cultured perch where the city's elite and our most discerning visitors reflect on the ephemerality of human creation and sigh at the firmament. Photographer Allen Henson besmirched this hallowed space when he shot photos of a topless model there last year without permission, and now the building's owners are suing Henson for $1.1 million.

"[Henson] intentionally violated rules of the Observatory, intentionally engaged in unauthorized, objectionable, and inappropriate conduct in full view of ESB's customers, tenants, visitors, including families with children, and employees, and caused ESB to suffer economic losses and damage to its reputation," the six-page lawsuit states.

The ESB estimates that those "damages" cost them $100,000. The remaining $1,000,000 is punitive.

“In order to continue to attract visitors, including families, to the building and the observatory, and assure their well-being, ESB has to maintain both the image and the fact that the building and the observatory are safe, secure and appropriate places for families and tourists,”

What will the families think? The families who appreciate the tasteful, skyline poses of Victoria Secret Girls, their sinewy pelvises beckoning juvenile eyes to take in the city's shrine to the Art Deco aesthetic?

"I know you kids wanted to stand where Tom Arnold stood," the Midwestern father sighs, folding his ragged copy of the Farmer's Almanac over the butter churn. "And where Fall Out Boy stood. And where Paz de la Huerta stood, and Mario Batali stood, and Mario Batali with Michael Stipe stood."

A coyote's howl rolls across the plains.

"But these photos, children. These evil, tasteless, photos."

Henson says he plans on retaining an attorney to answer the suit.

"We're gonna round up an army of half-naked women and march into the courtroom and cause a huge scene," Henson says, laughing.

"They're saying I used the photos for commercial purposes—that's just not true. There's been no commercial value. I haven't even used it for my portfolio. I took them on my cellphone. If they want to sue every single tourist who's up there who takes a cellphone photo without their expressed permission, that'd be pandemonium."

Henson is also dubious of the charge that he hurt the building's brand. "It's not even feasible. These investors are suing each other for billions of dollars. That's the debacle. I don't know how I could do any more damage."

You can view more of Henson's "boobs around town" project, in which his models visit restaurants, Central Park, and rooftop bars, here.

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allen henson

empire state building

topless

original


Christopher Robbins

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Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.

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Gothamist is funded by sponsors and member donations


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