Legal Opinion · Concurring in part, dissenting in part
92-07 Restaurant, Inc. v. New York State Liquor Authority
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1981Published
1Concurring in part, dissenting in part
Lazer, J.,
concurs in part and dissents in part, with the following memorandum, in which Titone, J., concurs. My disagreement with my colleagues of the majority is narrow but substantial for I am unable to discern, as they have, the existence of a regulatory power which is sufficient to overcome the constitutional protection afforded nude dancing but insufficient to overcome the same protection afforded topless dancing. At issue are two regulations of the State Liquor Authority and a section of the Alcoholic Beverage Control Law. We all agree that there must be a confirmance of the authority’s…
2Cases cited16 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- Erznoznik v. City of JacksonvilleSupreme Court of the United States · 1975
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