Bellanca v. New York State Liquor Authority
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The question on this appeal is whether a provision of the Alcoholic Beverage Control Law (§ 106, subd 6-a) is unconstitutional insofar as it prohibits topless dancing at premises licensed by the State Liquor Authority. The Supreme Court, Erie County, held this portion of the statute unconstitutional. The State has appealed directly to this court pursuant to CPLR 5601 (subd [b], par 2).
The plaintiffs are the owners of nightclubs, bars and restaurants which, for several years, have featured topless dancing. The plaintiffs also sell alcoholic beverages to their…
2Cases cited6 opinions
- Craig v. BorenSupreme Court of the United States · 1976
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- California v. LaRueSupreme Court of the United States · 1973
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- I. L. F. Y. Co. v. Temporary State Housing Rent CommissionNew York Court of Appeals · 1961
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3Cited by20 opinions
- New York State Liquor Authority v. BellancaSupreme Court of the United States · 1981
- City of Daytona Beach v. Del PercioSupreme Court of Florida · 1985
- Bellanca v. New York State Liquor AuthorityNew York Court of Appeals · 1981
- 92-07 Restaurant, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- McMinn v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1984
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