NYC Adult Stores May Face Enforcement of 2001 Zoning Law

NYC Adult Stores May Face Enforcement of 2001 Zoning Law

NEW YORK — Adult retail stores in New York City are bracing for a potential crisis as an appeals court considers whether to allow enforcement of a 2001 city zoning law aimed at forcing them out of most parts of the city.

The 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 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 has been held up in litigation for the past two decades as adult businesses challenged its constitutionality, claiming it violates their rights to free speech and equal protection.

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

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 United States Court of Appeals for the 2nd Circuit.

Courthouse News Service reports that 2nd Circuit Judge Steven Menashi, a Trump appointee, defended the amendment during oral arguments on Wednesday, asserting that the 2001 amendment was needed to stop adult businesses from using the 40% rule to get around the law.

“You know, a strip club that has a billiard room upstairs is still really a strip club,” Menashi told the plaintiffs' attorneys, who in turn argued that the original studies on how adult businesses impact the neighborhoods around them are now long outdated.

Menashi and the other two judges on the panel, both Biden appointees, did not immediately issue a ruling on Wednesday.

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

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Male Power Debuts 'Peacocking' Collection

Male Power has introduced its new Peacocking collection of men's underwear.

A Look at the Trends Shaping Male Pleasure and Wellness

The male pleasure category was once defined by familiar products: non-powered sleeves and strokers, manual penis pumps, rings and a relatively small selection of prostate toys. Today, manufacturers draw inspiration from consumer electronics, sexual wellness, gaming, streaming content and app-driven interaction, while still relying on one of the category's oldest staples: the basic stroker.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

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 encompass Dorcel’s full range of pleasure products.

Arcwave Debuts 'Air' Male Stroker

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

Show More