A Red Hook woman is suing because her legal right to garden topless was violated.

Since 1992 it has been legal in the state of New York for women to go topless in public, and according to New York Upstate a Red Hook woman is suing to protect that right.

Jenica Igoe is suing the village of Red Hook because she was recently arrested while gardening topless. According to NYUP police had recently told her she needed to cover her nipples, which Igoe did with pasties, but she was still arrested after a passerby sent a photo of her to authorities.

The charges were eventually dropped by a judge, but Igoe is moving forward with a federal lawsuit because her rights were violated. NYUP cites a simlar New York City case from 2005 where the Plaintiff was awarded $29,000.