Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
NSFW: Topless Photos Elicit $1.1 Million Lawsuit From Empire State Building
By
Christopher Robbins
Published Jan 14, 2014
Modified Jan 14, 2014
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
View all 5
By
Christopher Robbins
Published Jan 14, 2014
Modified Jan 14, 2014
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
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.
Tagged
allen henson
empire state building
topless
original
Christopher Robbins
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.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
NJ Gov. Sherrill: Election is secure, noncitizens taken off voter rolls
The governor made the comments in the October edition of "Ask Governor Sherrill" on WNYC.
By
Michael Sol Warren
Published Oct 27, 2026 at 7:42 p.m. ET
Modified Oct 27, 2026 at 11:14 p.m. ET
Ex-NYPD officer again faces murder charge in George Washington Bridge shooting
The charge against him was upgraded following an “extensive investigation,” the DA’s office said.
By
Samantha Max
News
Ex-NYPD officer again faces murder charge in George Washington Bridge shooting
The charge against him was upgraded following an “extensive investigation,” the DA’s office said.
By
Samantha Max
Former NYC buildings boss helped reopen mayor's favored restaurant despite health violations
By
David Brand
1 killed, 4 others injured at Elizabeth, NJ vigil shooting
By
Catalina Gonella
Police arrest man in Queens stabbings that ended with officer shooting woman
By
Ryan Kost
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .