TJS of New York, Inc. v. Town of Smithtown

CALABRESI, Circuit Judge:

This case requires us to resolve an interesting and surprisingly unanswered question of First Amendment law: whether the constitutionality of a zoning ordinance should only be evaluated with regard to the “alternative avenues of communication” it leaves open at the time it is passed, or also those it leaves open at the time it is challenged. Plaintiff-Appellant TJS of New York, Inc. (“TJS”) brought a First Amendment challenge to a zoning ordinance enacted by Defendant-Appellee Town of Smithtown, seeking an injunction and declaratory judgment to the effect that the…