Thomas Jefferson and his pals could never have envisioned this legal battle when they wrote the Bill of Rights: Does the First Amendment cover a street vendor’s right to sell condoms in wrappers bearing the president’s image?
José Andujar, 43, was busted last Friday in Times Square for selling his “Obama” condoms — his third arrest in a year for unlicensed peddling, cops said.
The arrest came despite a State Supreme Court justice ruling that his rubbers are protected by the Constitution’s guarantee of free speech. The decision said that the condom wrappers should be treated like books, which do not require a vending license.
The city vowed to continue to bust Andujar pending the outcome of an appeal.
Andujar titillates tourists with his slick sales pitch: “It’s the election, erection for your protection” and “It’s the ultimate stimulus package for hard times.”