Nothing beats a long day grading half-written papers on Johnny Tremain like a little post-work hooker nookie, and, like the Founding Fathers before them, school teachers have just as much right as anyone to seek out ladies of the night. Or so argues one Bronx schoolteacher, who is suing the Department of Education for punishing him after he was arrested for having sex with a prostitute.

Longtime teacher Edgar Ortiz, 65, was arrested in April 2012 after cops caught him "patronizing a prostitute," according to court documents. When the school found out about the arrest, they reportedly pulled the tenured Ortiz out of his classroom at PS 73 in the Bronx, specifically over concerns that he had "exposed his penis and-or buttocks in a public place."

Ortiz, who is still on the school's payroll as a substitute teacher, says he was forced to pay the DOE a $7,500 fine—after handing the NYPD $250 for the prostitution bust—and he's taking them to court over it, arguing he had every right to hire a hooker outside of school hours. And a Manhattan judge took his side yesterday, ruling that that the DOE failed "to offer any legal basis for penalizing a teacher for illegal conduct that has little or no apparent connection with his teaching duties."

Though the DOE says they can't comment on pending legislation, court documents note the city argues that "teachers are supposed to be role models for their students," an image they believe has been sullied thanks to Ortiz's sex worker arrest. "We are very disappointed in the Court's decision," city attorney Daniel J. LaRose said in a statement. "Given that DOE can submit additional legal papers, we'll be emphasizing the importance of taking action to ensure that educators —who are entrusted with our children's care—do not engage in the same sort of inappropriate conduct as Mr. Ortiz."

After all, teachers have lost their jobs for their extracurricular activities before.