New York City’s Zoning Amendments Governing Adult Establishments Found to Be Unconstitutional

Defendants appealed from a trial court judgment, “declaring the 2001 amendments to NYC’s Adult-Use Zoning Regulation as to adult eating and drinking establishments” (ED establishments) and adult video and bookstores (V/bookstores) “an unconstitutional violation of the First Amendment and permanently enjoining the city from enforcing the amendments.” This was the third appeal in two litigations that were commenced in 2002, involving the “constitutionality of…zoning amendments aimed at curtailing adult businesses” (amendments).

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