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

2026 XMA Creator Awards Pre-Noms Open With 10 New Categories

XMA event organizers have announced that the pre-nomination period for the XMA Creator Awards is now officially open.

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a scene from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Elizabeth Skylar, Isa Bella Topline 'Tempted by the Babysitter' From Sweetheart Video

Elizabeth Skylar and Isa Bella headline “Tempted by the Babysitter” from Mile High Media studio imprint Sweetheart Video.

Kira McKay Makes Her WIFEY Debut

Kira McKay stars with her husband Jerome and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Orion Debuts 'Duo Vibrator' From 'Couples Choice' Line

Orion Wholesale has introduced the Duo Vibrator from its Couples Choice line.

Calita Fire Toplines 'Swingers Resort' From Private

Calita First headlines the latest release from Private, titled “Swingers Resort.”

Show More