This article examines New York City's first attempt to regulate adult entertainment establishments through zoning provisions. Specifically, it discusses whether the adult-use zoning provisions comply with federal and state constitutional requirements, and it examines whether the adult-use amendments would cause a reduction in adult-use establishments in New York City, which would render the amendments constitutionally suspect, and whether its inclusion of topless bars renders the amendments overbroad. The author concludes that the adult-use amendments are consistent, with both federal and state constitutional requirements, and that the adult-use amendments will survive judicial scrutiny.
James E. Berger,
Zoning Adult Establishments in New York: A Defense of the Adult-Use Zoning Text Amendments of 1995,
24 Fordham Urb. L.J. 105
Available at: http://ir.lawnet.fordham.edu/ulj/vol24/iss1/3