But that wasn't true, as Van Voast's lawyer, Ron Kuby, discovered when he reviewed security tapes of the incident. "They tried valiantly to cover her up with their jackets," Kuby says, adding that a few moments later, "the cops just hauled her away."

"That's what nightmares are: People have nightmares about having their clothes disappear in public. I was living that out."

Van Voast was charged with trespassing, disorderly conduct, and possession of marijuana (in her purse). The case was dismissed.

All the arrests had a common thread: Van Voast would tell her arresting officers that public toplessness had been legal in the state since 1992, when the landmark case People v. Santorelli affirmed equal treatment of men and women vis-à-vis public shirtlessness. The officers, she says, always seemed clueless about the law and about what to do with her.

On May 20, 2012, after Van Voast appeared topless at the Bronx Day Parade, police sent her to a medical facility yet again, this time Montefiore Hospital in the Norwood section of the Bronx, where, she says, two officers handcuffed her to a bed for several hours.

On July 7, Van Voast decided to celebrate the anniversary of Santorelli by appearing topless outside a Hooters restaurant. Two police officers quickly approached and told her to put a shirt on. She declined. The number of officers kept growing, and Van Voast kept refusing to get dressed.

"That was so common — having six to eight cops just like, 'What do we do with this? What do we do?" she says.

Eventually, they bundled her in an ambulance and sent her off to St. Luke's–Roosevelt Hospital, where she spent another long night under "psychiatric evaluation" before being released.

Ron Kuby sports a graying ponytail and round, silver-rimmed glasses. A recent day at his Chelsea office finds him dressed informally (Yankees T-shirt, scuffed dress shoes) and drawing from a limitless supply of boob jokes.

"My particular favorite was when we were trying to consolidate a number of her cases," he says. "We succeeded, but then she got arrested a couple more times. I looked at the judge and said, 'Since we were last in front of Judge White, Ms. Van Voast has had two outstanding busts. I would like to send these two to Judge Whitten, unless Your Honor would like to handle them yourself.' The D.A.'s office, they were fucking cracking up. The judge played it really straight, but she got the joke."

Kuby has represented a number of nearly naked clients, including 31-year-old Amy Gunderson, who was arrested during the 2001 Coney Island Mermaid Parade while wearing a thong and body paint and won $10,000 when she sued the city for violating her civil rights. He also represents photographers of the naked: He's the longtime counsel for Spencer Tunick, famous for his mass nude portraits.

"That was the one that got us to the Supreme Court," he says, gesturing to one of several Tunick photos on the wall, depicting a pale (and likely chilly) group lying supine in an intersection near Times Square. Noting the abundance of pubic hair in a few of the older photos, Kuby adds, "you can actually date these things based on that."

In representing Tunick, Kuby also helped establish that in New York City, as a matter of law, people have the right to be fully nude in public as long as they're doing a "play, public performance, exhibition, or show."

Says Kuby, "The only thing New York City has criminalized is what I call 'nihilistic nudity': You wake up, don't feel like putting on clothes, and walk out the door."

Van Voast and Kuby now consider one another close friends. She has retained him ever since an unfortunate incident with a court-appointed lawyer: The man was nearly 90 years old. When he showed up to represent her for the Grand Central bust, she promptly took her shirt off in court. No one knew what to do, least of all her counsel.

"He just — it was like in Raiders of the Lost Ark when the guy's face melts," she remembers. "He was outraged. They didn't know what to do." After a few tense moments, the judge and the lawyers managed to recover. (The case was eventually dismissed.)

Kuby and Van Voast are a more comfortable attorney-client fit ("I respect her particular breed of zaniness," Kuby says fondly). The lawyer says he's baffled by the sheer number of arrests Van Voast has racked up. Police officers seemed almost magnetically drawn to her, and he can't quite figure out why. He thinks it may have to do with her age: She was 46 when she started her topless reign. "I've been thinking about this for a long time, and I haven't had a lot of satisfactory answers," he offers. Then, bluntly: "Holly is not a cute chicky."

Van Voast agrees. "I'm an older person," she says. "It took guts for me to go out. I'm not really pretty. I have decent boobs, thank God."

Per Kuby, "The police and city's response to a 22-year-old model walking around with their shirt off is very different than the police response to Holly bare-breasted with her mustache and her Marilyn Monroe hair. There is a real gender-bending, gender-confusion, gender-challenging presentation that Holly gives. I think it bothers a lot of people at some sort of deep level that I'm not qualified to assess. It really does."

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14 comments
itsmrjakefromstatefa
itsmrjakefromstatefa


Don Rickles and Johnny Carson We remember watching the Tonight Show, (Years Ago) when Johnny Carson and Don Rickles were having another one of their Fantastic Shows Together. Johnny and Don were chatting about a movie that Don Rickles had made named "Wasting Away Again In Kutcharitaville". It was a Super Terrific Show to say the least, both of them started talking about Kutchie Pelaez and his World Famous Restaurant called Kutchie's Key West Kutcharitaville Cafe. About his Famous Goody Goody Cheese Burgers in Paradise and how he had been serving them since the early 1970's. That's when Johnny Carson started telling Don about the famous key lime pies that Kutchie bakes. Don then preceded to tell Johnny that he too was "Addicted To Kutchie's Famous Key Lime Pies". That's when Ed McMahon hit Rickles from behind with a key lime pie, all over his bald head. Johnny, must have been planing it from the beginning, he sure set Rickles-up to take the hit. Oh my gosh, that show was just hilarious, it had all of us rolling in the floor for hours. They just don't make TV like that anymore. Those three were always great together. Don, Johnny and Ed. Any-Who, could anyone here please tell me just when that "Kutcharitaville Movie" came-out? Was it in the 70's or was it in the 80's? We just can't seem to find any information about it. It's like it just Disappeared, like Johnny and Ed did. Thank God, we still have Don Rickles. We remember the days back when we spent many of our days "Wasting Away Again In Kutcharitaville". I am sure that many of you do too.

itsmrjakefromstatefa
itsmrjakefromstatefa

It just doesn’t get any better than seeing the gorgeous “Mrs. Anita
Pelaez” over at her and her Famous Husband “Captain Kutchie’s”place..Some Folks Also Call Him..”The
KutchMan others call him The KutchMon!”…Most Just Call Him “The Most
Interesting Man In The World”….(Anita and Kutchie Pelaez’s Key West, Key Lime Pie
Factory and Grill)…Just Watching The Lovely Couple Baking Together All
Those Yummy Key Lime Pies At Their Key Lime Pie Factory And Grill In
Asheville.
…It’s Always Worth The Trip To Visit Them In They’re Historic Key Lime
Pie Factory and Grill…It Should Be On Everyone’s Bucket List For
Sure..And
The World’s Best Key Lime Pies!..YUM-YUM-YUM….­­.”Talk About World
Class” What An Understatement!…….AA­­HHHHH!….The Magic Of The
Lovely..”Mrs. Anita Pelaez” And Her Delicious Key Lime Pies Baked With
Pure Love…Always……40 Years And They’re Still Going Strong….
….May GOD Continue Blessing “Anita And Kutchie Pelaez” and They’re World
Famous Key Lime Pie Factory And Grill Where The Personalities, Ovens And
Smiles Are Always Warm And Inviting.
....“Kutcharitaville” You’re The Best And We Love You!….
…Now You Know Who Is The Hottest!…And Baby Let Me Tell You, Mrs. Anita Is No Act…She’s The Real Thing Baby!…
….Located Near The Biltmore House And Estate…..
….Who Could Ask For Anything More?…Anita’s Key Lime Pie…(Hell Yes!)
….Just Think, Kutchie’s Goody Goody Cheese Burgers, First Billed As “The
Original Cheese Burgers In Paradise!” Way Back In 1974 By "Kutchie's
Good Friend "Mr Levi Stubbs" Lead Singer Of The Four Tops…."Sorry
“Buffett”…Kutchie’s Version Of “Cheese Burgers In Paradise” Came A Few
Years Before Yours Did, “Dog Ate Your Home-Work?"!!...Yeah, Jimmy, It's
The Same Kutchie Pelaez,-The Famous Deep Sea Underwater And Treasure
Explorer/Megalodon Shark Tooth Hunter.
Who Worked Along With "Mel Fisher", "Captain Tony Tarracino", "Yankee
Jack", "Michael McCloud", "Alabama Jack" , "Vito Bertucci" and Many Others Of Key West Fame.
….That Alone Is Quite A Pretty Big Deal If You Ask Me. ….”Hell”,..It’s A Pretty Big Deal Even If You Don’t Ask Me.
….Research, Continually Confirms The Fact That The Pelaez’s World
Famous Key Lime Pies Truly Increases Married Couple’s Sex Rates By No Less
Than 300% Respectively. It Also Shows That Said Sexual Encounters Are
Much, Much More Enjoyable Than They Ever Were Before The Consumption Of
The Pelaez’s Key Lime Pies.
…..And
On A Sad Note. It Has Been Reported That The Consumption Of The Famous
Key Lime Pies Are Quite Detrimental To The Practices Of Divorce
Attorneys. But, That’s Not Bad. Hell That’s Good News.
…Not A Sad Note, A Happy Note! The Pelaez’s Pies Are A Win-Win-Win For Everyone Involved!
….I Guess You Could Say What Has Been Said Many Times Before,…”AHHH” The
Magic Of The Lovely Anita Pelaez And Her Key Lime Pies….
….I Do Know First Hand That The Pelaez’s Famous Key Lime Pies Have
The Ability To Turn Small Stream Squirters Into Major League Gushers Or
Some Might Call Them “Niagara Falls”. Holly Molly, Let Those Good Times
Flow, Baby!
....It's No Wonder Everyone Believes That Kutchie Pelaez Is The Most Interesting
Man In The World....."Damn He Really Is" For Sure!
.....That "Kutchie", He Looks Marvelous Dahling!...

...."Hemingway", Had Nothing On The "KutchMan"...

Lamdba
Lamdba

Good article. I thought Kuby's analysis as to why Van Voast has gotten so many arrests was particularly interesting.

Lamdba
Lamdba

You have to remember, in 1935, 42 men were arrested en mass (and subsequently fined) for topless bathing in Atlantic City, and up until 1960, a man could be fined for taking off his shirt in Central Park. Over time, the cultural norms shifted.

moonpilotmae
moonpilotmae

@villagevoice pretty sure this is your most tweeted headline ever! We get it - topless blah blah blah breasts.

Jennifer Convery
Jennifer Convery

omg...Such narcissistic bullshit. they're doing nothing for women's rights - just coming off as completely mental zealots & making themselves strangers porny spectacles & perv magnets.

Richie Vela
Richie Vela

That's ok I'll pass...how bout a good fart joke,that seems to be your level of intelligence.

frank124c
frank124c topcommenter

People should be allowed to walk around in public completely nude if they so choose. After all if a person is nude they would not be able to conceal weapons.  

prusin
prusin

If only VV was as interested in allowing gun owners to show our guns as they are in women showing their breasts. Yes, a 'tit'ilating article. If we have a decent mother who cares about her offspring, we all start out suckling the nipple. Breast baring isn't considered an innate right, while armament ownership is, and not only that, but it was considered by our founders so fundamental they chose to put it in the Bill of Rights as the second amendment.

nelly12
nelly12

I'm definitely in favor. I admire your valor.  

yonjuro
yonjuro

I was hoping to see some dirty pictures.

gscot
gscot

It's amazing some people have to fight so hard for such simple things.

ajweberman
ajweberman

Thank Allah for Ron Kuby. Holly was going to use her settlement money from NYPD to go to Saudi Arabia and do her thing over there but Ron and other lawyers got 50% of her settlement. But Ron said he would take my next case for free so that means I have to go out and get busted. Shooot.

jonathan.nyc
jonathan.nyc topcommenter

I'm in favor.  But the trend really hasn't caught on in the last 20 years.


I'm sure your click rate will skyrocket.   

 
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