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

The Dungeon Store Debuts 'Thing Noir' Violet Wand Attachment

The Dungeon Store has released the Thing Noir violet wand conductive e-stim accessory.

Pjur, Magasin du Nord Partner for 'Flex Area' Campaign

Pjur and retail brand Magasin du Nord have partnered for the wellness brand’s Flex Area campaign.

Kheper Releases New 'Think Like a Slut' Party Game

Kheper Games has released the new "Think Like a Slut" party game.

Honey Play Box, Creative Conceptions Ink European Distro Deal

Honey Play Box has signed a deal with Creative Conceptions for distribution in the U.K. and Europe.

Motorbunny Debuts 'Fluffer Rock Hard Power' Cock Ring Vibe

Motorbunny has introduced its Fluffer Rock Hard Power vibrating cock ring.

EQOM Appoints Anneke Kamphuis Interim CEO

EQOM Group, the company behind ONE-DC and EasyToys, has appointed Anneke Kamphuis as its interim CEO.

Viben Debuts 'Dreamii' Collection

Viben has unveiled its new Dreamii line of pleasure products.

Onahole Debuts New 'Brain Hacker DX' Stroker

Pleasure brand Onahole has introduced its new Brain Hacker DX stroker.

Fanreal Debuts 'Real Skin Texture' Love Doll

Pleasure brand Fanreal has introduced its proprietary silicone Real Skin Texture love doll.

Full Circle Expands 'Savage Me Dream Girl Doll' Line

Full Circle has introduced Alyssa, Carla, and Nadia from its Savage Me Dream Girl Doll collection.

Show More