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New York City Adult-Use Zoning Held Unconstitutional
Litigation over New York City's adult use zoning regulations has been ongoing since the city's first effort ' in 1995 ' to use its zoning power to restrict adult uses. In the latest chapter in the long-running saga, the First Department, in For the People Theaters of New York Inc. v. City of New York (NYLJ 7/25/15, p. 22, col. 6), has declared unconstitutional the city's most recent amendments of its adult-use regulations.
History
As part of its broader effort to control crime and improve quality of life, the Giuliani administration set out to purge the city of the sex shops and other “adult” establishments that had become ubiquitous in Times Square and many other areas of the city. Because the United States Supreme Court had held that a municipality regulate the “secondary effects” of adult uses, but not the content of the “speech” itself (City of Renton v. Playtime Theaters, Inc., 475 U.S. 41), the city, in 1994, conducted a study showing that adult entertainment uses in the city generated negative secondary effects. Based on that study, the city, in 1995, enacted zoning provisions prohibiting adult establishments in many zoning districts, and restricting their location in districts where they remained permissible. In 1998, the Court of Appeals upheld the new ordinance. Stringfellow's of New York v. City of New York, 91 N.Y.2d 382.
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