Jose Andujar, 43, was arrested Friday in Times Square for selling the Obama condoms, and police said it was his third arrest for unlicensed peddling in the past year, the New York Post reported Tuesday.
A State Supreme Court justice previously ruled Andujar does not need a vending license to sell the condoms, and his products are protected under his First Amendment right to free speech.
However, police said Andujar will continue to be subject to arrest pending the outcome of the city's appeal.
Andujar uses politically themed slogans to sell his wares, including "It's the election, erection for your protection" and "It's the ultimate stimulus package for hard times."
Rare Chinese turtles hatch at New York City zoo [VIDEO]
Abigail Breslin wears sheer paneled gown for 'August: Osage County' premiere