Festa v. New York City Department of Consumer Affairs

OPINION OF THE COURT

Michael D. Stallman, J.

This action challenges the constitutionality of New York City’s Cabaret Law and provisions of the New York City Zoning Resolution which, taken together, regulate the circumstances under which participatory social dancing may be permitted in eating and drinking establishments, and the location of those establishments throughout New York City. It requires consideration of whether, and to what extent, the City may regulate social dancing in restaurants, clubs, and bars. At issue is whether participatory social dancing, as an activity, constitutes…