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Englewood Gallery Sues After Being Fined For Partially Nude Artwork In Window Display

ENGLEWOOD, N.J. (CBSNewYork/AP) -- A New Jersey gallery has filed a federal lawsuit over a city code violation it received for displaying artwork of a partially nude woman in its store window.

The Borghi Fine Art Gallery in Englewood sued last week, saying its constitutional rights were violated when it was issued a violation with fines of $1,250 per day and the threat of up to 90 days in jail over artwork showing a woman's bare buttocks.

"I felt violated. Why am I being subject to this?" gallery owner, Laura Borghi told CBS2's Meg Baker.

City officials and code enforcement officer Walter Deptuch, who is also named in the suit, didn't immediately return phone calls and emails seeking comment Tuesday.

Borghi said Deptuch asked her to remove the artwork from painter Tom Dash -- an ink jet collage of photos of two women painted over in acrylic paint -- from the window of her store in January. When she refused, she says she was issued a violation.

"I felt rather shocked that they asked me to remove the painting and I said this is artwork," Borghi told 1010 WINS. "There's a lot more things out there in society than what's in my window or in my gallery, a lot worse things that art taking place."

The code approved in 1992 says nude images have to be kept in interior rooms not visible from public areas. Borghi said that it's not possible for her to create an extra room in her three-story gallery and that she shouldn't have to.

"For me, growing up with art -- and I have two children of my own -- nudity is a beautiful thing,'' Borghi said. "It's a work of art. It's an expression. --- We're a serious gallery, and the artwork that was on view was nothing that could be offensive to anybody.''

Borghi's attorney, Brian Bernstein, said the U.S. and New Jersey constitutions prevent the city from censoring artwork and he's confident Borghi will win the suit.

"There's nothing new about government efforts to suppress artistic expression, especially if it might be viewed by some as controversial,'' Bernstein said. "Art that challenges convention makes an attractive target for the government.''

Bernstein said they're fighting for their First Amendment right.

"Quite frankly it's not about a painting, it's about freedom of expression and censorship," he told 1010 WINS.

Residents didn't seem to mind the painting and said it's just as racy as what you see elsewhere.

"It's on instagram, people showing off their butts all the time," Kelsey Sanborn said.

There is a city council meeting on Tuesday night.

"I'm going to be bringing up a modification to the ordinance that will exclude art galleries from this silly ordinance," Councilman Eugene Skurnick said.

Borghi has other nude depictions in the gallery, some dating back to the 17th century, others are by more recent, local artists.

The suit was first reported by Courthouse News Service.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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