Rick’s Cabaret International, Inc. said that its soon-to-open gentlemen’s club in New York City would not be affected by the appellate court ruling that may allow the city to close down certain topless bars and adult video stores.
Luke C. Lirot, an attorney representing Rick’s Cabaret, issued the following statement:
“The new Rick’s Cabaret-NYC night club at 50 West 33rd Street is covered under a ‘grandfather’ agreement dating back to 1995 under which New York City zoning regulations pertaining to the location of adult establishments do not apply to certain locations. The Rick’s Cabaret-NYC club location has permits for 100 percent adult use and does not fall under the disputed ordinance that requires some establishments to limit adult content to just 40 percent. The company is proceeding with renovations to the building and expect them to be completed in time for the club to open this summer. The club, which is near Madison Square Garden and Penn Station (it formerly housed the Paradise Club) is fully compliant with all relevant city and state regulations.”
On Tuesday, the New York State Appellate Division found the strict new zoning regulations in New York City against adult establishments are constitutional. The decision may permit the city to close more than 100 strip clubs, video stores and other adult establishments that fall within the so-called 60-40 rule, which allowed some clubs and adult shops to remain open as long as only 40 percent of their premises were for adult use.
The appellate decision overturned a ruling by state Supreme Court Justice Louis York that held that the New York City law was unconstitutional. On Wednesday, the state Supreme Court granted a two-week stay of the Appellate Division ruling so that lawyers for the adult businesses can seek permission to take the case to the state's highest court, the Court of Appeals.
