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

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

Alexis Fawx Fronts Latest From Bellesa Plus

Multi-XMAs winner Alexis Fawx stars with Josh Rivers in the latest release from Bellesa Plus, titled "Show Me Yours, I’ll Show You Mine."

Amirah Adara Talks Roots, Ambition and the American Dream

Amirah Adara may be new to college football, but she's no stranger to scoring big. Fresh from attending her first Trojans game, the Budapest native shows off her newfound team spirit in a black USC tank top as she settles in at Sana’a Cafe in Los Angeles. It’s a taste of American life she’ll have more opportunities to enjoy with her work visa secured and a bevy of stateside projects ahead.

CalExotics Expands 'Pleasure Kits' Collection With 3 New Additions

CalExotics has introduced three additions to its Pleasure Kits line, each combining a range of pleasure products and accessories centered on varying levels of intensity.

Vixen Media Group Extends Exclusive Contract, Brand Ambassadorship With Serenity Cox

Vixen Media Group (VMG) has renewed its exclusive contract with Serenity Cox and inked an extension of her brand ambassadorship of studio imprint WIFEY.

Beisar Introduces New Anal Lubricant

Beisar has introduced its new anal lubricant, expanding its product line beyond pleasure products.

Hazel Heart Stars in Latest From Deeper

Hazel Heart stars with Dan Damage in the latest release from Vixen Media Group studio imprint Deeper, titled "Midterm."

Pre-Nominations Now Open for 2027 TEAs

The pre-nomination period for the 2027 Trans Erotica Awards (TEAs) is now open.

Adam & Eve, Lovehoney Group Partner for Custom Products

Adam & Eve and Lovehoney Group have partnered to introduce two custom editions of We-Vibe vibrators and an advent calendar sex kit.

Lovely Planet, Dorcel Expand Partnership

Lovely Planet, longtime manufacturer and distributor of the Dorcel Toys line, has expanded its partnership with the company to include all Dorcel physical pleasure products.

Show More