Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
The Movie That Started it All!
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Nudist Vacations!

Eva Angelina at Twistys

May 31, 2000 09:00pm
Court again sides with adult business vs. New York City
Source: Private Dancer Monthly

(ALBANY, N.Y.) -- A topless club in Manhattan is not an ''adult establishment'' within the meaning of New York City's ordinance which seeks to zone sex-oriented businesses out of residential and popular tourist areas of the city, a court ruled.

The Court of Appeals unanimously ruled last month that the VIP Club does not fallunder the zoning law, which defines adult businesses as those with a ''substantial portion'' of their floor space devoted to sex-oriented materials or activities.

The definition is crucial to whether the VIP Club can stay at its current location at West 20th Street. The city argued that ''any'' sexual-related activities at the VIP Club or other topless clubs or X-rated theaters subjects them to the zoning ordinance, the Court of Appeals noted.

The law aims to consign businesses peddling sexually explicit materials to industrially zoned areas of the city.

The VIP Club argued that the same definition should apply to it as has been used to describe what an adult bookstore is in the city -- if 40 percent or more of its floor space is devoted to sex-oriented merchandise. The VIP Club said it only offers topless dancing on a mezzanine visible by less than 36 percent of its floor space and it otherwise defines itself as an ''upscale cabaret with topless entertainment.''

In its unsigned, unanimous ruling last month, the Court of Appeals -- the state's highest court -- said the VIP Club was right. To rule in the city's favor would cause the ''substantial portion'' component of the city's zoning ordinance to be ignored where any adult-oriented entertainment was offered in eating and drinking establishments, the judges said.

Thursday's ruling affirmed two lower court rulings about the ''substantial portion'' question.

The lawyer for the VIP Club's owners, Dezer Properties, Inc., called the decision ''another victory for First Amendment, freedom-of-expression rights.''

''This will put an end to the city's heavy handed efforts to close the VIP,'' Simon Rothkrug said. ''It is really a victory for all topless clubs and adult theaters in the city of New York.''

Steven Fishner, New York City's criminal justice coordinator, said the ruling ''frustrates the obvious intent of the law by making it possible for some businesses to evade the law's clear purpose.''

''We will continue vigorous enforcement and we will consider legislative changes to insure that our residences, schools and places of worship remain far from the shadows cast by strip clubs and other adult businesses,'' Fishner said.

Last December, the Court of Appeals sided with an adult bookstore specializing in gay materials, Les Hommes, in another challenge to the meaning of the 1995 sex shop zoning ordinance. In that decision, the court upheld the 40 percent rule and rejected city arguments that some adult bookstores were offering non-adult materials in a ''sham'' compliance with the zoning ordinance.



The Movie That Started it All!


RavenBay01.3gp

See BiBi Jones at Digital Playground

Top Stories

Bright Lights, Lonely Nights

Taormino Speaks at Goucher

Cumisha Amado at Sagebrush

Vivid Radio 1st Anniversary

The Gardener ~ Reviewer Rated

BoodiGo: Privacy & Porn

Shades of Scarlet ~ Reviewer Rated

AINews: Skow Among Best

Heaven & Hell Halloween Party

These Things We Do ~ Reviewer Rated

Farrah Abraham at Hustler Hollywood

Sex Workshop Hustler San Diego

Halloween Art Show

O Awards Pre-Noms Open

Trophy Girl Casting Call

Cum in Me Baby 4 ~ Reviewer Rated

More Phoenix Mainstream

BoodiGo Partners PornGuardian

BoodiGo Supports ASACP

BoodiGo Blocks Child Porn

Boodigo Adult Search Engine

AVN Show Discounts End Today

Inside The Industry 10/08/2014

Amber Lynn at Wasteland

Nikki's Fit as Phoenix

Vivid Extends Patrick Hosting

Fake Test Results

Angelyne on Amber Lynn's RNSU

Red Cardinal Wraps Betrothed

Siri Wins Round 2

J.Lo Doc Johnson Offer

Stripclub Microbrewery on CNN

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Nikki Phoenix Album Released

Passport to Hustler Event

Fox News Wasteland

Asianmodelpalooza 14

Nikki Phoenix Appearances

Nikki Phoenix Karaoke XXX

Nina Elle Retains Star Factory

Tasha Reign Grads UCLA

Tera Patrick Hosts Vivid Radio

It's Just Work

Traci Bryant Goes Legal

CET Free Panel Month

Miss LA Karaoke XXX

Freedom Acres Location

Summer Lovers

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Entertainment is Entertainment is Entertainment

More
Stories From

Clubs & Appearances

Heaven & Hell Halloween Party

Farrah Abraham at Hustler Hollywood

Amber Lynn at Wasteland

Stripclub Microbrewery on CNN

Nikki Phoenix Karaoke XXX

Asianmodelpalooza 14

Nikki Phoenix Appearances

Miss LA Karaoke XXX

Nikki Delano at Centerfolds

Evil Pin-Ups Karaoke XXX

Monique Alexander in Houston

Nikki Phoenix Hosts Palomino

Nikki Delano at Crazy Horse

Morgan Del Ray Karaoke XXX

Cumisha Amado on Vivid Radio

Nikki Delano on Jukeboxx

Julia Sands Karaoke XXX

Hustler EDM Maniac Party

IIM Party June 13

MWA: 05/21/14

Discount Club Owners Expo Tickets

Teal Conrad at Sapphire NYC

Natasha Voya PSK

Alana Evans at WonderCon

Puma Swede Opens Desire

Tony Batman Conquers LA

Alexa Aimes NYC Tour

Risque Starr Sisters Parties

Carter Cruise at Exxxotica

Belle Knox at Exxxotica

Minka Karaoke XXX

Tony Batman Crazy Appearances

Adrianna Luna Dance Dates

Naomi Knight at Mansion

Bridget the Midget at Trixie's

Starr Sisters at DreamGirls

Southern Somer Karaoke XXX

Gentlemen's Club Expo

Jayden Lee at Sapphire NYC

Bonnie Rotten Live Shows

Corpsy's Birthday Party

Nikki Benz in Florida

Sam Phillips B'day Bash

Britney Shannon at Babe's

Amber Lynn at XRCO

Teagan Presley at Al's

Nikki Phoenix Walks Runway

Danger, LaCroix Host XXX Nights

Ginger Lynn at Susie's Delights

Sasha Slayer Karaoke XXX

Eliza Allure Karaoke XXX

Sapphire NYC Super Bowl Lineup

Nikki Phoenix Release Party

Savanna Samson Wine Tastings

Awards Co-Hosts Q&A

Nikki Phoenix Releases Single

Nikita Von James at AEE

HotWendyPR Clients at AEE

Nookie Chat Throws Party

Galaxy Talent AEE Signings

Holly Hanna at AVN Expo

Britney Amber at AEE

Ryder Skye Signs with Ideal Image Models

Brooklyn Chase Signs at AEE

Nikki Delano AEE Signing Schedule

Suicide Sirens Hardcore Burlesque

Kayla-Jane Danger at AEE

Jenna J Ross at AEE

AEE Play Party

Lisa Ann at Wild Cherry

Caroline Pierce Karaoke XXX

Nikki Phoenix at CES

Addie Juniper Karaoke XXX

Café Royale Takeover

Miss LA Karaoke XXX

Richelle Ryan in Albuquerque

Sara Jay at Stadium Club

Daisy Marie at Cheerleaders

Karaoke XXX Xmas Party

Eva Lovia in Baltimore

Headquarters XXXmas Party

Cali Rose at Allstar's

Chanel Preston Tours Oregon

Jaded Dawn at Allstar's

Roxi D'Lite in Wisconsin

Starfall at Hustler LV

Joslyn James Birthday Event

Jacky Joy Dance Scheduled

Tanya Tate Speaks at University

Adrianna Luna at Pink Pony

Gia Steel Karaoke XXX

Cyrus & De Leon Birthday Party

Sommers Headlines Penthouse Club

Nikki Benz Canadian Appearances

Monroe Valentino Karaoke XXX

Britney Shannon in Atlantic City

Kayla-Jane Danger Karaoke XXX

Vicki Chase Headlines Expo

Foxxx & Johnson Party

Clubs & Appearances Section Index

     
Copyright © 1998 - 2014 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).