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CITY OF ALBUQUERQUE v. SACHS

No. 23,632.

92 P.3d 24 (2004)

135 N.M. 578

2004-NMCA-065

CITY OF ALBUQUERQUE, Plaintiff-Appellee, v. Reneé SACHS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 4, 2004.

Attorney(s) appearing for the Case

Robert M. White, City Attorney, Donald F. Harris, Assistant City Attorney, Albuquerque, for Appellee.

Jeffrey J. Dempsey, Albuquerque, for Appellant.

Certiorari Denied, No. 28,659, June 4, 2004.

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...

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