Legal Opinion

City of Albuquerque v. Sachs

New Mexico Court of Appeals

Decided March 23, 2004No. 23,632PublishedCited by 10 opinions

1Opinion of the Court

OPINION

VIGIL, J.

{1} In this case we determine whether the City of Albuquerque Ordinance (the City Ordinance) which prohibits public nudity discriminates against women in violation of the Equal Rights Amendment in the New Mexico Constitution because it prohibits a woman from showing her breast in a public place without a fully opaque covering of her entire nipple when there is no such prohibition against men. N.M. Const, art. II, § 18; Albuquerque, N.M., Ordinance ch. 46, § 11 — 8— 3(B) (1994). We hold that it does not. We also hold that the ordinance does not violate the New Mexico Human…

Also in this document: Concurrence.

2Cases cited24 opinions

  1. Texas v. JohnsonSupreme Court of the United States · 1989
  2. City of Erie v. Pap's A. M.Supreme Court of the United States · 2000
  3. United States v. VirginiaSupreme Court of the United States · 1996
  4. Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
  5. Spence v. WashingtonSupreme Court of the United States · 1974

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3Cited by10 opinions

  1. New Mexicans for Free Enterprise v. City of Santa FeNew Mexico Court of Appeals · 2005
  2. State v. Heidi C. Lilley The State of New Hampshire Kia Sinclair The State of New Hampshire v. Ginger M. PierroSupreme Court of New Hampshire · 2019
  3. Free the Nipple—Fort Collins v. City of Fort CollinsDistrict Court, D. Colorado · 2017
  4. Rodriguez v. Brand West DairyNew Mexico Supreme Court · 2016
  5. Free the Nipple v. City of Fort CollinsDistrict Court, D. Colorado · 2016

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