Legal News

It is Unconstitutional to Zone Strip Clubs, Topless Bars, and Adult Video and Book Stores Away from Schools and Churches
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Thursday, Justice Louis York of the New York State Supreme Court in Manhattan held unconstitutional and unnecessary, a set of amendments made in 2001 to regulate the city’s strip clubs, topless bars and adult video and book stores.

Giving his ruling on two lawsuits filed by a group of adult-entertainment businesses against the city, York said, “These entities no longer operate in an atmosphere placing more dominance of sexual matters over non-sexual ones.” The ruling is meant for establishments that offer adult-entertainment side-by-side with non x-rated services.

York said today’s adult entertainment businesses significantly differed from their predecessors as they use less garish signage and segregate their erotica from mainstream parts of their businesses. The 2001 amendments barred many such “adult enterprises” from operating closer than 500 feet from other sexually oriented venues, or from places of worship, schools, and residential neighborhoods. This rule was applicable only to establishments that devote more than 40 percent of their space or inventory to sexually explicit activities. Otherwise, even within the amendments, establishments which confined adult material and activities to less than 40 percent of their space or inventory, could operate anywhere within the city. Now, anyone can.

  
What
Where


The court reached the decision of careful review of studies that showed the presence of adult establishments do not increase crime rates or lower property value. York said, “Accordingly there is no need for the 2001 amendments … they are a violation of free-speech provisions of the U.S. and state Constitutions.”

Robin Binder, the deputy chief of the administrative law division of the City Law Department said the agency would appeal the decision. Binder said in a statement, “The city’s ability to regulate adult establishments is critical to preserving neighborhood quality of life.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Law Clerk

USA-DC-Washington

C2 ALASKA, LLC Washington, DC   The Law Clerk II Journeyman- Division of Enforcem...

Apply now

Director of Administration

USA-VA-Arlington

Director of Administration (Communications/Litigation/Transactional Law Firm) Fletcher, Heald...

Apply now

Legal Executive Assistant

USA-VA-Arlington

Legal Executive Assistant (Communications/Copyright/Litigation)   Fletcher, Heald & Hi...

Apply now

Department Chairperson, Law Center

USA-FL-Miami

Miami Dade College, Wolfson Campus is now accepting applications for the Department Chairperson...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Attorney

USA-FL-Jacksonville

Jacksonville office of a BCG Attorney Search Top Ranked Law Firm seeks an attorney with 4-20 years o...

Apply Now

General Liability Associate Attorney

USA-GA-Atlanta

Atlanta office of a BCG Attorney Search Top Ranked Law Firm seeks general liability associate attorn...

Apply Now

Wealth Planning Senior Associate/Of Counsel

USA-NV-Reno

Reno office of a BCG Attorney Search Top Ranked Law Firm seeks wealth planning senior associate/of c...

Apply Now

SEARCH IN ARCHIVE

To Top