JGJ Merchandise Corp. v. City of New York , Ten's Cabaret, Inc. v. City of New York

OPINION OF THE COURT

Fahey, J.

Through a long, complicated, and confusing history, the litigants have struggled over the application of zoning regulations as they apply to New York City’s adult entertainment industry. We hold that the City has met its burden of demonstrating that the establishments affected by its 2001 zoning amendments retained a predominant focus on sexually explicit materials or activities. It follows, under our 2005 decision in this case, that the amendments do not violate plaintiffs’ First Amendment rights.

I

In 1994, the New York City Department of City Planning (DCP)…