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

Dorcel Drops Franck Vicomte's 'PL4Y #5'

Dorcel has released director Franck Vicomte’s latest title, “PL4Y #5.”

Maddie Wren Makes Her Blacked Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Blacked alongside Kate Dalia and Hollywood Cash.

Andi Avalon Fronts Latest From Pure Taboo

Andi Avalon stars with Gunnar Bishop in the latest release from Pure Taboo, titled "Measuring Up to His Expectations."

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

MYLF Drops New Reverse Gangbang

Krystal Sparks, Lexi Luna, Jessica Aaren, Diabella Eclair, and Juan Loco star in a reverse gangbang release from MYLF, titled "Divorce Party."

Serenity Cox Stars in Latest From Blacked Raw

Serenity Cox stars with Don Sudan in the latest release from Vixe Media Group studio imprint Blacked Raw.

Going Deeper: Kayden Kross Launches Photo Book, Cultural Movement With DTLA Gallery Exhibition

The adult community is in full force at Wönzimer art gallery in downtown L.A. on Thursday night to support the launch of “Deeper,” Kayden Kross’ 448-page photography book, titled after the Vixen Media Group (VMG) studio imprint she founded and drawn from its expansive photo library.

Sage Pillar Makes Her WIFEY Debut

Sage Pillar has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Pierre and Chocolate Rod.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Sarah Arabic Leads Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."

Show More