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 © 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

Altitude Show Taps Deanna Klerks for Buyer Relations and Experience Manager

Altitude Show has hired Deanna Klerks as its new manager of buyer relations and experience.

Toendi Launches Full Company Rebrand

Pleasure brand Toendi has launched a rebrand of its logo and products.

Orion Expands 'Beastly Cocks' Line

Orion Wholesale has introduced two new fantasy dildos from its Beastly Cocks line.

Blush Debuts 'Riana' Massager

Blush has introduced the new Riana massager.

Eldorado Opens Preorders for 'Blō' Flavored Lube From JO

Eldorado Trading is now accepting preorders for the new Blō collection of flavored lubricants from JO, with shipments beginning July 13.

Orion Debuts 'Six in a Row 2.0' Dildo Set From 'You2Toys' Line

Orion Wholesale has introduced the new six-piece dildo set Six in a Row 2.0 from its You2Toys line.

Full Circle Debuts 'Savage Sex Sauce' Lube Collection

Full Circle has introduced its Savage Sex Sauce collection of lubricants.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Sustory Debuts 'Rex' Tapered Dildo

Pleasure brand Sustory has introduced its new Rex tapered dildo.

Kheper Releases New 'Sex Tower' Couples Game

Kheper Games has released its new Sex Tower couples game.

Show More