Town of Islip v. Caviglia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spatt, J.
The issue on this appeal is the constitutionality of an ordinance of the Town of Islip that relegates the location of an adult bookstore to the town’s Industrial I zoning district. Since we find that this ordinance is not aimed at the content of the books sold but is in the nature of a time, place and manner restriction, we hold that the ordinance is constitutionally permissible.
I
In 1978, the respondent Frank Caviglia (doing business as Happy Hour Bookstore) opened an adult bookstore (hereinafter the bookstore) at 30 West Main Street, Bay Shore, in the Town of…
2Cases cited44 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Miller v. CaliforniaSupreme Court of the United States · 1973
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
- City of Houston v. HillSupreme Court of the United States · 1987
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3Cited by19 opinions
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- People v. Superior Court (Lucero)California Supreme Court · 1989
- Stringfellow's of New York, Ltd. v. City of New YorkNew York Supreme Court · 1996
- State v. Spencer D.Appellate Division of the Supreme Court of the State of New York · 2012
- Town of Huntington v. Pierce Arrow Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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