NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

NEW YORK — The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

A three-judge panel issued the decision, which could severely impact adult stores’ ability to operate within the bounds of New York's five boroughs.

As XBIZ reported in February, New York 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 originally 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 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.

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 2nd Circuit, which this week rejected the appeal, a decision that now gives the city the green light to resume enforcement.

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

View Document

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

'Groove Thing' Sets Kickstarter Funding Record for Insertable Pleasure Product

Groove Thing, an insertable pleasure product that plays audio, has set a funding record on Kickstarter.

Nalpac/Entrenue, Ohdoki Sign Distro Deal for 'The Handy'

Nalpac/Entrenue has inked an exclusive U.S. distribution deal with Ohdoki Products for The Handy.

Onahole Debuts New 'Miss Boss Cup' Stroker

Pleasure brand Onahole has introduced its new Miss Boss Cup stroker.

ProDx Health Introduces 'Trust 1' HPV Test

ProDx Health has introduced its new Trust 1 Home Collection Kit for HPV testing.

Eye of Love Debuts 'Pheromone Roll-On Duo' From Bloom Line

Eye of Love has introduced the Pheromone Roll-On Duo fragrance set from its Bloom collection.

Full Circle Releases 'Grinders' Collection

Pleasure brand Full Circle has debuted its new Grinders collection of discreet vibrators.

Doc Johnson, Polynesian Pleasures Ink Distro Deal

Pleasure brand Polynesian Pleasures has signed a deal with Doc Johnson for global distribution.

Sydney Screams, Creature Feature Toys & Tailends Studios Launch Limited Partnership

Sydney Screams, Creature Feature Toys, and Tailends Studios have launched a one-month campaign to produce customizable dildos, with some proceeds benefiting SWAID Collective.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Sexpo Australia Founder Launches SexEx

Sexpo Australia founder David Ross has launched his new adult lifestyle expo, SexEx.

Show More