Legal Opinion

People Theatres of New York, Inc. v. City of New York

New York Court of Appeals

Decided December 15, 2005PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The issue on this appeal is whether New York City’s adult use zoning regulations, as amended in 2001, serve a public purpose other than censorship and therefore do not infringe upon plaintiffs’ rights of free speech under the federal and state constitutions. We conclude that, on this record, a question of fact exists, requiring further proceedings in Supreme Court.

I

As was the case when we last reviewed adult use zoning regulations adopted by the City, “[t]he ‘adult’ establishments at the center of this controversy offer various forms of sexual expression,” and…

2Cases cited18 opinions

  1. Marks v. United StatesSupreme Court of the United States · 1977
  2. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  3. Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
  4. City of Los Angeles v. Alameda Books, Inc.Supreme Court of the United States · 2002
  5. People ex rel. Arcara v. Cloud Books, Inc.New York Court of Appeals · 1986

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3Cited by11 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
  2. People of N.Y., Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. GarciaNew York Supreme Court · 2010
  4. For the People Theatres of N.Y., Inc. v. City of New YorkNew York Supreme Court · 2010
  5. JGJ Merchandise Corp. v. City of New York , Ten's Cabaret, Inc. v. City of New YorkNew York Court of Appeals · 2017

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