Topless at the top: Empire State Realty Trust sues photographer

Toplessness in New York City is 100 percent legal, unless you're on the observation deck at the Empire State Building. A fact that photographer Allen Henson learned the hard way.

Henson was on the observation deck with a model when he was inspired to do a topless photo shoot.

After being thrown off the premises, he is now being sued for $1 million by the Empire State Realty Trust, which bought the building in 2002 for an estimated $57 million from previous owner, Donald Trump.

Henson is a well-known photographer who has done many topless shoots throughout the city without incident.

He was not using the photos for promotional or commercial use and simply posted them to social media.

Henson is from a small town in Oklahoma and served two tours in Iraq for the U.S. military. He believes the members of the group behind this lawsuit have their priorities all wrong.

Henson is fighting back saying that the real estate conglomerate is hurling defamation his way.

He was due in court last week for a hearing that was ultimately rescheduled but he showed up with quite a few topless supporters.

Henson is due back in court August 6th and said he plans to keep it interesting.