Legal Opinion
Bellanca v. New York State Liquor Authority
New York Court of Appeals
Decided November 23, 1981PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The guarantee of freedom of expression declared in our State Constitution mandates invalidation of the blanket proscription against all topless dancing in premises licensed by the State Liquor Authority presently stated in subdivision 6-a of section 106 of the Alcoholic Beverage Control Law. Although that statutory ban has been held to be valid under the Federal Constitution in consequence of the provisions of its Twenty-first Amendment, it is invalid under the guarantee of freedom of expression of our State Constitution, as to which the Twenty-first Amendment has…
2Cases cited7 opinions
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- California v. LaRueSupreme Court of the United States · 1973
- New York State Liquor Authority v. BellancaSupreme Court of the United States · 1981
- Mahoney v. Joseph Triner Corp.Supreme Court of the United States · 1938
- Joseph E. Seagram & Sons, Inc. v. HostetterNew York Court of Appeals · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- People v. ScottNew York Court of Appeals · 1992
- SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985
- People ex rel. Arcara v. Cloud Books, Inc.New York Court of Appeals · 1986
67 more not listed; retrieve them via the Exa API.