NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

CORRECTION: XBIZ earlier erroneously reported that the Supreme Court had denied certiorari in this case, when in fact the court denied an application for an injunction pending filing of the petition for a writ of certiorari. XBIZ regrets the error.

WASHINGTON — Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

There has been a protracted three-decade legal saga surrounding New York City’s Zoning Ordinance. As originally enacted, the law prohibited adult entertainment businesses in most areas, notably including a swath of midtown Manhattan as part of the effort to “clean up” Times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. It defined 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.

In 2024, 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 U.S. Court of Appeals for the 2nd Circuit, but in July of this year, a three-judge panel rejected that appeal.

The plaintiffs then petitioned for a rehearing before the full 2nd Circuit. In August, that petition was also denied.

In October, the 2nd Circuit declined to issue a temporary stay, instead issuing a judgment mandate giving New York City the green light to enforce the zoning law.

On October 31, Supreme Court Justice Sonia Sotomayor denied the plaintiffs’ application for an injunction pending the filing of a petition for a writ of certiorari. The law will therefore remain in force for now while the appeals process plays out.

According to Edward Rudofsky, an attorney for the plaintiffs, the petition for certiorari was filed Nov. 19 and the court has set Dec. 22 as the date for the City to respond. 

Should the court deny certiorari, no further appeals would be possible in the case.

Complicating the situation is the fact that, even in the parts of the city where zoning regulations permit adult businesses, additional regulations mandate a minimum distance from adjacent residential areas, schools, other adult establishments and houses of worship. This confluence of rules could make it extremely difficult for adult stores to relocate.

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

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Orion Expands 'Your Strap-On' Collection From You2Toys Line

Orion Wholesale has added two new sets to the Your Strap-On collection from its You2Toys line.

Honey Play Box Introduces 'Kai Pro' Stroker

Honey Play Box has debuted its new Kai Pro stroker.

Male Power Featured on 'Saturday Night Live'

Male Power was featured in the season finale of “Saturday Night Live.”

COTR Acquires 'Le Wand,' 'b-Vibe' and 'The Cowgirl' Trademarks

COTR, Inc. has acquired trademark ownership of its flagship brands, Le Wand, b-Vibe, and The Cowgirl.

Kheper Releases Flavored 'All Dicks,' 'All Chicks' Lollipops

Kheper Games has debuted its new All Dicks Penis Suckers and All Chicks Pussy Suckers.

Magic Silk Expands 'Love' Line

Magic Silk has introduced six new styles from its Love line of lingerie.

XBIZ Virtual Pleasure Products Trade Show Set for July 28-30

To facilitate global business between brands and buyers without the need for travel, XBIZ is pleased to reintroduce a virtual edition of its pleasure products events, set for July 28-30.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released two new styles from its Svenjoyment undergarment line.

Blush, 'Drag House Rules' Partner for Pride Month

Blush has been named an official challenge sponsor for OUTtv’s “Drag House Rules” during Pride Month.

Show More