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 ad 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who in turn argued that the original studies on how adult businesses impact the neighborhoods around them are now long outdated.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 © 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