NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

NEW YORK — The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

A three-judge panel issued the decision, which could severely impact adult stores’ ability to operate within the bounds of New York's five boroughs.

As XBIZ reported in February, New York City’s 1995 Zoning Ordinance prohibited adult entertainment businesses in most areas, notably including a swath of midtown Manhattan as part of the effort to “clean up” Times Square and adjacent areas. The law originally included provisions defining businesses as adult establishments if 40% or more of their area or stock involved sexual content.

A 2001 amendment eliminated that 40% rule, which the city claimed was too easy for businesses to circumvent, and instead took aim at any business that “primarily” markets adult entertainment, from strip clubs to bookstores and video stores.

That provision was held up in litigation for the past two decades as adult businesses challenged its constitutionality, claiming it violated their rights to free speech and equal protection.

Last year, a district court judge ruled that New York would be within its rights to enforce the amendment, forcing even establishments that may have technically fulfilled the 60/40 requirement to relocate to the few areas in which such businesses would still be permitted or to move out of the city.

The plaintiffs appealed that ruling to the 2nd Circuit, which this week rejected the appeal, a decision that now gives the city the green light to resume enforcement.

Even in the parts of the city where zoning regulations permit adult businesses, additional regulations mandating a minimum distance from adjacent residential areas, schools, other adult establishments and houses of worship could make it extremely difficult for adult stores to relocate.

View Document

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

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

A Look at the Growing Business of Artificial Companions Powered by AI, Advanced Materials

Step into any adult expo or consumer forum thread today and the evidence is unmistakable: the sex doll category is in the middle of a full-scale transformation.

Orion Debuts 'Masturbator 09' From 'WYNE' Collection

Orion Wholesale has introduced Masturbator 09 from its What You Never Expected (WYNE) line.

Hankey's Toys Introduces 'Big Pop Mushroom,' 'Xtra-Small Series IV' Dildos

Hankey's Toys has debuted its Big Pop Mushroom dildo and the new Xtra-Small Series IV line of dildos.

Brent Aldon, Erik Vasquez to Co-Host Retail Edition of 2026 XBIZ Honors at Avalon Hollywood

Aneros Director of Sales and Marketing Brent Aldon and Sliquid VP of Marketing Erik Vasquez will co-host the 2026 XBIZ Honors, set for Jan. 11 at Avalon Hollywood in Los Angeles.

Kiiroo Introduces New Argenta Stroker

Kiiroo has debuted the new Feel Argenta stroker sleeve from its FeelStar line.

Howl Launches New 'Ambassador' Referral Program

Wellness brand Howl has launched its Ambassador referral sales program.

Womanizer Unveils 'Next Duo' Vibrating Air Pulse Massager

Womanizer has introduced its Next Duo vibrating air pulse massager.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Orion Debuts 'Double Vibrator' From Couples Choice Line

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

Show More