Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' First Amendment speech, a few changes will cure the infirmity.
Note: New York City's Restrictive Zoning of Adult Businesses: A Constitutional Analysis,
23 Fordham Urb. L.J. 187
Available at: http://ir.lawnet.fordham.edu/ulj/vol23/iss1/5