N.Y. Judge Closes Sex Loophole

For a while, it looked like the perfect loophole for New York City sex establishments faced with a new restrictive zoning ordinance. Under city guidelines, adult-oriented businesses would have to relocate to fringe areas unless at least 60 percent of their trade was non-adult. \n Late last month, Scores, the city's most famous topless club, said it would comply with the new law by using no more than 40 percent of its space for adults only business. It would use one-way glass to separate the two sections of the club. \n Other businesses began adopting the same approach, including the Harmony Theater, a nude dance club. Harmony installed Japanese-style screens to separate the area with nude dancers from the one with clothed dancers. \n Not so fast, a New York City judge has ruled. Judge Stephen Crane said the idea of a 60-40 division of space is nothing more than a ruse to get around the law. He said Harmony's scheme was a sham and an effort to thumb its nose at the court. \n The judge said the law says nothing about a 60-40 division of business. It forbids the operation of adult businesses in residential neighborhoods or within 500 feet of schools, churches, child care facilities or each other. City officials had used the 60-40 guideline as a way of illustrating what percentage of a business may be of an adult nature before the city considered it to be in violation of the law. \n The judge's ruling was soon criticized by Herald Price Fahringer, a lawyer for more than 100 sex-oriented businesses. He said the clubs have spent thousands of dollars because they thought they could count on the 60-40 guideline given by city officials. \n Dan Connolly, lawyer for the city, told The New York Post the judge was right. What will rule the day is the totality, he said. What is the commerce going on in the store?