NYC Sex Shops Score Victory

The state's highest court has ruled that New York City cannot use overly broad interpretations of city code to shut down strip clubs and X-rated video stores.

The court's 7-0 decision on Monday was hailed by gay groups and others who have fought the ordinances championed by Mayor Rudolph Giuliani as a key factor in the city's improved image.

``It's a real victory for free expression coming on the heels of so many attempts and failures by Rudy to eviscerate the First Amendment,'' said William Dobbs, a lawyer for New Yorkers for Free Expression.

A 1995 zoning ordinance banned adult businesses from operating within 500 feet of schools, churches, residential areas or each other, pushing them into more remote, industrial areas.

City officials defined an ``adult'' business as one where sexually explicit sale items or activities take up 40 percent or more of the floor space, and have used the word ``sham'' to describe many compliance attempts.

In its ruling, the state Court of Appeals ruled that businesses following the letter of the law must be allowed to stay open.

The ruling centered on the city's attempts to close Les Hommes, a gay bookstore in Manhattan. Store owners argued they complied with the law by devoting at least 60 percent of its stock to non-explicit material.

The city held Les Hommes and other stores still fundamentally remain sex shops, and should be affected by the zoning laws.

But ``nothing in this record indicates that the non-adult videos sold by Les Hommes were not `stock,''' the court said, noting the non-adult tapes were also ``accessible and available.''

City lawyer Daniel Connolly said the ruling will force New York ``to reevaluate the types of evidence that we're going to be able to present to lower courts'' in moving against the businesses. He said the city would not appeal.