Manhattan Adult Store, Cabarets Sue Over Being Zoned Out

Manhattan Adult Store, Cabarets Sue Over Being Zoned Out

NEW YORK — A new legal challenge has been mounted to topple New York City’s adult zoning resolution that, if left unchecked, would zone adult bookstores with booths and adult cabarets out of existence.

The Erotica on Friday filed suit in Manhattan federal court, arguing that the 2001 zoning and permitting regulations limiting adult establishments would put them out of business.

Meanwhile, three New York adult cabarets — New York Dolls, Satin Dolls and Lace Gentlemen's Club — have revived their lawsuits over the same regs.

Yesterday, industry attorney Erica Dubno, who represents The Erotica, asked U.S. District Judge William Pauley to approve a coinciding briefing schedule for all four legal challenges. Dubno plans on filing a preliminary injunction on the zoning ordinance on behalf of The Erotica on May 23

“If authorized by the court, oral argument can be held on July 26, which is the date set for oral argument of the cabarets’ related motions for preliminary injunction,” said Dubno in a letter to Pauley, urging him to hear oral arguments in the four cases all at once. 

Dubno told XBIZ today that the new litigation is "essential" to safeguard free speech.

"Under New York’s highest court’s decision, reversing the lower courts’ decisions, the city may be able to enforce a law enacted in 2001 to regulate, for the first time, bookstores and other businesses that offer constitutionally protected expression in 2018," Dubno said. "However, the city and world have changed substantially during the last 17 years.

"Virtually all of the places that were permissible for adult businesses to be located in back then have been rezoned or are otherwise unavailable for adult use. This could sound a virtual death knell for private viewing booths in the freest city in the nation." 

In its suit, The Erotica is seeking a judgment declaring that aspects of the city’s zoning regulations are “illegal, invalid, null, void, inoperative and unconstitutional on their face and as applied to its store and other bookstores in New York City” that offer some adult expression to the public under the 1st and 14th Amendments.

The zoning regulation prohibits one adult establishment from opening within 500 feet of a school, a church or another adult establishment, the suit said, making it almost impossible to open a new business in Manhattan.

“Under the Amended Zoning Resolution virtually all bookstores with booths will have to (1) close their entire store and silence their expression; (2) close their booths and silence their expression; or (3) continue operating under the specter and threat of criminal charges and/or nuisance abatement proceedings, among other possible sanctions,” according to The Erotica’s lawsuit.

The proliferation of adult establishments have taken a big dip in the Big Apple in the past 25 years. In 1993 there were 177 adult establishments in the city, currently, there are 20, according to the suit.

New York City has held off on enforcing the rules due to years of litigation. The state Court of Appeals upheld the laws last year, resulting in the adult cabarets reactivating their suits at the federal level.

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

Electric Novelties Debuts New 'Gemsations' Anal Plug Collection

Electric Novelties has introduced its Gemsations line of anal plugs in silicone and metal options.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Adam & Eve Reveals Results of 'Happy Ending Dream' Survey

Adam & Eve has released the results of a survey asking respondents if they have ever had a sex dream with a happy ending.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Kheper Releases New 'Drink if... Taboo Version' Party Game

Kheper Games has released its new "Drink if… Taboo Version" party game.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aneros Debuts 'Eupho Syn V' From 'Vibration Collection'

Aneros has introduced the Eupho Syn V from its Vibration Collection.

Wells Apparel Group Inks Distro Deal With Kix'ies

Wells Apparel Group has signed a deal with Kix’ies, Inc. for distribution throughout 13 states.

Ohdoki Debuts 2 New Strokers

Ohdoki has introduced two new stroker sleeves.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Show More