Update: NYC Adult Stores Dodge Bullet

NEW YORK, NY – Lawyers for adult businesses outside of recently designated adult zones have won a temporary stay of execution. The stay, delivered by the same judge who April 12 ruled in favor of a city crackdown, requires a five-judge panel to sign off on higher appeals before the city can begin padlocking the adult stores.

Jets Stadium on Manhattan’s West Side will be the biggest landmark in one of the city’s rezoned adult districts, according to the Appellate Division’s decision. The ruling would force many adult businesses to close shop and move to industrial areas on the island and outer boroughs. The stay allows some 200 adult businesses breathing room while awaiting permission to appeal.

Owners of adult businesses have been squeezed by the city since 1995, when the so-called 60-40 rule mandated that businesses devoting more than 40 percent of their floor space to adult materials would have to close or move to designated zones. One store, Bailey’s near Times Square, famously responded by stocking Disney’s “The Lion King” in six out of every ten feet of the store, filling the remaining space with adult videos and novelties.

When the Giuliani administration moved to close the loophole in 2001, a consortium of adult businesses took the case to the state Supreme Court, which called the city’s actions unconstitutional. The Appellate Division ruling reversed this.

Mayor Michael Bloomberg lauded the court’s decision by saying, “New Yorkers won't have to push their strollers past porn shops, have topless bars for neighbors or have to worry about peep booths in the back of their corner magazine store."

But detractors say the city will lose millions in tax revenues if all businesses on the wrong side of the 60-40 rule are forced into “adult ghettoes.”

Now that their stay has been granted, attorneys for adult businesses are banking on an argument before the state, which does not carry an automatic appeal if the case goes against them.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Creative Conceptions Debuts 'Skins' Non-Latex Condoms

Creative Conceptions has introduced the new Skins line of non-latex condoms.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

VR Bangers Celebrates 10th Anniversary

VR Bangers has marked its 10-year anniversary.

Rouge Group Taps Sean Macauley for Global Sales Manager

U.K. pleasure brand Rouge Group has appointed Sean Macauley as its new global sales manager.

Maddie V Baby Is Hustler's 'Cover Honey' for February

Maddie V Baby is the Cover Honey for the February issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

Male Power Debuts 'Gridlock'd' Collection

Male Power has introduced its new Gridlock’d collection of men's underwear.

B-Vibe, Gigi Engle Partner for 'Kink Starter Kit'

B-Vibe and author Gigi Engle have partnered for the limited-edition Kink Curious Kit.

Victoria Grant Fronts Latest From TransAngels

Victoria Grant stars with Johnny Palms in the latest release from TransAngels, titled “Balls Deep in My Football.”

Orion Debuts 'Vibepad Mini' Vibrator

Orion Wholesale has introduced its new Vibepad Mini vibrator.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More