Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

NSFW: Topless Photographer Countersues Empire State Building For $5 Million


By

Ben Yakas

Published Mar 19, 2014

Modified Mar 19, 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 .

Allen Henson

View all 5


By

Ben Yakas

Published Mar 19, 2014

Modified Mar 19, 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

Photographer Allen Henson has built up quite a following for himself with his 'boobs-about-town' project—he's had photoshoots at restaurants, with policemen, on rooftop bars, and at the top of the Empire State Building. That last stunt led to him being sued for $1.1 million by the ESB. Now, a defiant Henson has countersued ESB for $5 million. "I'm hoping for a very fair judge," Henson told us. "I'm extremely confident in my attorney."

According to the original lawsuit (you can see both in full at the bottom of the page),
"[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."

Henson counters that ESB's reputation was already damaged way before he brought a semi-nude woman there: "[Henson] avers that the approximately 30 suicide attempts from the Observation Deck...are the cause of any damage to ESB's business and reputation as a "safe and secure family friendly tourist attraction."

The lawsuit has done nothing to snuff out Henson's love for topless photography—he was back at it at Grand Central last month. As he told us then: "Since the lawsuit happened, I'm significantly less worried. I'm a lot more informed as to what's legal and not, what's private and not. I'm way more confident about doing this now. What's the worst that can happen? Be sued for $2 million?"

As for his next project: "I will be doing Austin, Texas this weekend to test some more conservative mindsets. We'll see how that goes."

The ESB lawsuit against Henson:

ESB Suit Against Allen Henson

Henson's response and countersuit:

Answer and Counterclaim

Tagged

allen henson

boobs

breasts

empire state building

esb

lawsuit

NSFW

topless

topless photographer

original


Ben Yakas

Ben Yakas is a former Gothamist reporter.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Central Park birders, others remember 63-year-old woman killed in park

People who said they knew her described her as an artist and a familiar presence in the Ramble.

By

Charles Lane

Published Sep 28, 2026 at 7:04 p.m. ET


Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says

It's the latest in a string of hit-and-run deaths in the city in recent months.

By

Liam Quigley

News

Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says

It's the latest in a string of hit-and-run deaths in the city in recent months.

By

Liam Quigley


New ingredient mandated for Latin American kitchen, restaurant plates in NJ

By

Arya Sundaram

A Brooklyn jail cell filled with smoke. The emergency button failed, a lawyer said.

By

Samantha Max

Crews launch tunnel machines to dig first new Hudson River rail tunnels since 1910

By

Michael Sol Warren


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 .