Legal Opinion
City of New York v. Garter
New York Supreme Court
Decided February 1, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter P. Cusick, J.
The City’s application, under the Nuisance Abatement Law *598(Administrative Code of City of NY § 7-701 et seq.), to close the subject premises based upon an alleged violation of the adult use provisions of the New York City Zoning Resolution, as amended, is denied.
Although the “entertainment” provided by the subject premises involves erotica, there is no contention that it is legally obscene. This form of expression or “speech”, therefore, is fully protected from unjustified governmental interference by the First and Fourteenth Amendments to the United…
2Cases cited15 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Jenkins v. GeorgiaSupreme Court of the United States · 1974
- Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
- Albano v. KirbyNew York Court of Appeals · 1975
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3Cited by2 opinions
- Mathews v. GaryCourt of Special Appeals of Maryland · 2000
- City of New York v. GarterAppellate Division of the Supreme Court of the State of New York · 2000