Ruling Is Big Win for N.Y. Adult Businesses

Ruling Is Big Win for N.Y. Adult Businesses

NEW YORK — In a key victory for adult businesses, a New York state appeals court in Manhattan today affirmed a previous ruling that held unconstitutional amendments made 14 years ago to New York City’s adult-use zoning regulation for strip clubs and adult video and book stores.

The amendments, which were never put into effect because of several temporary restraining orders, would have been devastating for Manhattan’s adult businesses if put into effect — likely putting every one of them out of business.

Today, the long-running battle came to a halt.

New York Supreme Court’s Appellate Division, 3-2, said that changes to the city ordinance for adult businesses made in 2001 were insufficiently narrow and violated the First Amendment. The court permanently enjoined New York City from enforcing the amendments.

New York City’s 2001 amendments for adult businesses addressed the concern that some were subverting existing law by superficially complying with the municipality’s “60/40” rule but retaining their predominant, ongoing focus on sexually explicit materials or activities.

The 60/40 rule has been interpreted to prohibit the operation of a businesses in residential and other neighborhoods if more than 40 percent of its material or floor space was dedicated to adult content.

With respect to strip clubs, the 2001 amendments removed “substantial portion” from the definition of “adult establishment,” providing instead that a venue that “regularly features in any portion of such establishment” live performances characterized by an emphasis on “specified anatomical areas” or “specified sexual activities” and excluded or restricted minors, was covered, regardless of whether it limited those performances to less than 40 percent of its floor area.

The court, however, said that New York City didn’t meet its burden in proving the amendments legality to the plaintiffs — Visions Video, Mixed Emotions, Stringfellows of New York and Fair Theater.

In their decision, appeals court justices said that New York City assumed that because the 60/40 clubs regularly featured topless dancing automatically means that they retain a predominant sexual focus and that there was no evidence in the record that showed adult stores’ nonadult sections were difficult to access.

The justices also looked at signage and found little evidence that the plantiffs’ marquees were larger than nonadult businesses.

The court noted that changes were made to the clubs by reducing the floor space devoted to such entertainment removed the predominant sexual focus linked to adverse secondary effects. Some businesses added amenities to the establishment, such as restaurants, pool tables or sports lounges, or operate as live entertainment venues where bands perform.

“The 2001 amendments were of significant consequence,” Erica T. Dubno of Fahringer & Dubno told XBIZ. Dubno was one of the attorneys who represented the plaintiffs.

“If it had gone into effect, literally all of the gentlemen’s clubs would have been forced to close.”

Dubno said that more than 70 adult businesses would have been affected if the 2001 amendments had gone into effect, but that plaintiffs were able to win a patchwork of temporary restraining orders to hold the city at bay.

“The dark cloud has now disappeared for these businesses,” Dubno said. “For all these years, there has been uncertainty about how this would all work out.”

New York City officials said that they are reviewing the ruling.

View ruling

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

Lilly Bell Takes Center Stage in May Issue of X3 Magazine

Multi-XMAs award-winner Lilly Bell captures the cover spotlight in the May issue of X3 magazine, the premier publication revealing the real personalities, passions and stories behind top stars.

Le Wand 'Dive' Featured in InStyle's List of Recommended Sex Toys

Le Wand’s Dive submersible wand vibrator is featured in “The 7 Best Sex Toys Sexperts Want You to Stash In Your Nightstand” roundup from InStyle.

Kiiroo Debuts 'PowerShot Case' Stroker Add-On

Kiiroo has introduced the PowerShot Case add-on for its Keon, PowerBlow, and PowerShot Strokers.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Pervz Drops Latest Installment of 'Polar Opposites'

Pervz has debuted the latest installment of the Reptyle cross-site release "Polar Opposites," starring McKenzie Mae, Emma Rosie, Demi Hawks, Coco Lovelock, and Danny Mountain.

LELO Debuts 'Boomerang' Double-Sided Vibrator

LELO has introduced its new Boomerang, the pleasure brand's first double-sided vibrator.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Jasmine Sherni, Blake Blossom Headline 'Dirty Talk' From Dorcel

Jasmine Sherni and Blake Blossom star in "Dirty Talk," the latest feature from Dorcel.

Scarlett Alexis, Vince Karter Front Latest From Bellesa Plus

Scarlett Alexis and three-time XMAs Male Performer of the Year Vince Karter star in the latest release from Bellesa Plus, titled “Obedience.”

Show More