Court: New York City Can Enforce Law Restricting Sex Shops

Court: New York City Can Enforce Law Restricting Sex Shops

NEW YORK — New York's highest court has ruled that New York City may enforce a 2001 law to reduce the number of strip clubs and stores offering sexually explicit content without violating their operators’ First Amendment rights.

Today's unanimous ruling, 6-0, handed a victory to the city in its two decades-long effort to stop the proliferation of "adult" establishments.

Erica Dubno, a lawyer representing various adult business operators in the lawsuit, told XBIZ tonight that the ruling was discouraging.

“We are disappointed with the decision and considering all options,” Dubno said.

Industry attorney Paul Cambria told XBIZ that the decision was “very unfortunate and the product of a very conservative court.”

Cambria was not a party to the lawsuit but, along with Dubno, is a member of the First Amendment Lawyers Association (FALA), which filed an amicus brief in the case.

New York City’s 2001 law sought to plug a loophole after city leaders banned the erotic clubs and stores from residential and most commercial areas, as well as from within 500 feet of similar businesses, schools and places of worship.

That loophole involved the “60/40" test, which deemed businesses "adult" if at least 40 percent of their area or stock included sexually explicit materials or activities.  After the test was put into play, many businesses were found in “sham” compliance.

So, the city decided that businesses offering specific services, such as topless dancing or peep booths, would qualify automatically as "adult.”

A Manhattan judge found the law unconstitutional in August 2012, and was upheld by a divided state appeals court in July 2015.

Today, the New York Court of Appeals decided that previous decision took a "rigidly mechanical" approach that was in error.

In its ruling allowing curbs on sex shops and clubs, the court said, “A store that stocks non-adult magazines in the front of the store but contains and prominently advertises peep booths is no less sexual in its fundamental focus just because the peep booths are in the back and the copies of Time magazine in the front."

“The same is true of the adult eating and drinking establishments. A topless club is no less an adult establishment if it has small signs and the adjoining comedy club, seating area, or bikini bar is easy to access,” the court said in its ruling, which in effect allows New York City to enforce the 2001 law restricting sex shops. 

Rick's Cabaret, Scores and the Hustler Club will remain unaffected by the court ruling because they possess special adult entertainment licenses. But others under the 60/40 rule likely face closures.

View today's ruling

Related:  

Copyright © 2025 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

Le Wand Dive Gets Wired.com Review

Le Wand Dive has been spotlighted by WIRED with a review by tech and lifestyle journalist Amanda Chatel.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Blush Introduces 'Splash' Vibe

Blush has debuted its new duck-themed Splash vibrator.

SVibe Debuts 2 New Vibrators

SVibe has introduced the new Snail GIZI Duo and Snail AXI Spot Wand.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

ProDx Health Introduces 'Power Femme' Test

ProDx Health has introduced its new Power Femme Home Collection Kit.

Orion Expands Cottelli 'Accessoires' Line

Orion Wholesale has introduced five new “It” pieces from its Cottelli Accessoires line.

ANME Wraps With Product Drops and Partnerships

ANME wrapped on Wednesday, the event’s third day, after delivering a mix of product launches, power meetings and networking — all while preserving the laid-back vibe that attendees say always makes ANME feel like a homecoming.

Playharda Wholesale, Secret Dome Ink U.K. Distro Deal

Playharda Wholesale and BDSM brand Secret Dome have signed a deal for UK distribution.

Hankey's Toys Releases 'Kitsune's Knot' Dildo

Mr. Hankey's Toys has introduced its new Kitsune’s Knot dildo.

Show More