Live Nude Dancing Can't Be Replicated on Web — N.J. Appeals Court

TRENTON, N.J. — The New Jersey Court of Appeals on Friday overturned a lower court decision that could have shuttered the XXXV Club nude cabaret, ruling that the Borough of Sayreville can't contend there are other locations in the same market area where the club could operate without violating state law.

The court also struck a cross-appeal challenge by Sayreville that urged a lower court to consider the Internet as an alternative forum or site for XXXV Club to conduct its sexually oriented business.

Sayreville filed suit against the club, claiming it violates a state law prohibiting sexually oriented businesses within 1,000 feet of a park or residential area and licensing requirements of the borough.

The borough sought to permanently enjoin XXXV Club from operating its non-alcoholic club, but on Friday the court said there were no "sufficient number of suitable alternative sites for the expression of this constitutionally protected form of expression."

Sayreville, in court papers, said the Internet is a better venue for live nude dancing.

"Specifically, the borough argues that live interactive sexually oriented content delivered through mass media channels, such as the Internet, should have been considered by the trial court as a reasonable alternative to the live nude dancing offered by XXXV Club," the court said.

"In the view of many people, the live nude dancing experience offered by XXXV Club cannot be completely replicated in cyberspace. Despite the great unexplored potential of the Internet as a medium, including its interactive capabilities, it cannot yet, in such people's view, substitute for a live performance."

The 2-1 decision sends the case back to state Superior Court.

Related:  

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

CalExotics Expands 'Cheap Thrills' Line of Male Masturbators

CalExotics has added four new pleasure products to its Cheap Thrills line of male masturbators.

Rachel Rampage Makes Her Brazzers Debut

Rachel Rampage has made her Brazzers debut alongside multi-XMAs winner Mick Blue in the studio's latest release, titled "Right Down To Cock Sucking Business."

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

XBIZ Retreat Canada to Debut in Toronto Aug. 16-20

XBIZ Retreat is heading north for the debut of its Canadian edition, bringing its signature hosted-buyer experience to Toronto Aug. 16-20.

Jennifer White, Jessi Rae Lead Latest From Blacked

Reigning XMAs Female Performer of the Year Jennifer White stars alongside Jessi Rae and Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

SWPA to Host Webinar on Landing Media Coverage for Sexual Wellness Brands

The Sexual Wellness Professional Alliance (SWPA), a division of the Free Speech Coalition, will host a webinar on Wednesday, Oct. 7, offering strategies for sexual wellness brands to attract media coverage.

Evil Angel Drops 'My Fantasy With Rocco'

Evil Angel has released the latest title from director Rocco Siffredi, titled "My Fantasy With Rocco."

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

Show More