NEW YORK—The U.S. Second Circuit Court of Appeals on Tuesday ruled in favor of New York City in a challenge to its adult entertainment zoning regulations from plaintiffs who argued that these regulations are unconstitutional.
Bloomberg Law reports that the court issued a decision saying a city government can use its power to regulate zoning to prevent some adult entertainment establishments from operating in certain areas.
According to the Second Circuit, the First Amendment protects adult expressions but allows a municipal government to "regulate adult entertainment establishments." The opinion also affirms a 2024 federal district court order that dismissed a First Amendment lawsuit filed by 14 strip clubs and adult bookstores.
The lawsuit challenged the city government's 2001 amendments to the 1995 zoning regulations on adult entertainment facilities. These pushed X-rated businesses out of midtown Manhattan under the pretext of reducing crime and increasing property values.
"The appellate court overlooked key First Amendment issues in rendering its decision, including 'how speech will fare' in the new zones where preexisting businesses will be forced to move," adult industry attorney Larry Walters told AVN.
"In the adult zoning law field, these ordinances are considered to be content-neutral under the legal fallacy that they are aimed at mitigating the 'adverse secondary effects' allegedly caused by adult businesses, such as urban blight, crime, and traffic considerations," he added.
