Penny Lane/East Hampton, Inc. v. County of Suffolk
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balletta, J.
We are called upon in this case to determine whether a Suffolk County local law prohibiting the display of what is deemed to be obscene material is invalid as having been preempted by State obscenity laws. We now hold that a local government does not have the power to enact its own code governing obscenity, since the provisions of the New York State Penal Law and CPLR 6330 (which authorizes local officials to bring actions enjoining retailers from selling obscene materials) have preempted local governments from acting in this area. The local law in question is,…
2Cases cited27 opinions
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
- People v. Calbud, Inc.New York Court of Appeals · 1980
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
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