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 © 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.

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.

Beisar Introduces New Anal Lubricant

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

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.

Arcwave Debuts 'Air' Male Stroker

Arcwave has introduced Air, the newest stroker from its Pleasure Air collection.

Sportsheets Introduces 11-Piece 'Amethyst' Collection From 'Sex & Mischief' Line

Sportsheets is accepting pre-orders for its new Amethyst collection of pleasure accessories from its Sex & Mischief line.

Haute Sugar to Make Industry Debut at XBIZ Expo

Haute Sugar, a new lifestyle brand that blends intimate wellness with fashion-inspired design, will make its industry debut at XBIZ Expo in Los Angeles this January.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

Casey Murphy to Host Free Webinar for Indie Product Manufacturers

Industry marketing strategist and certified sex educator Casey Murphy is hosting a free live webinar for independent sexual wellness product manufacturers at 1 p.m. MT today.

Show More