Ten's Cabaret, Inc. v. City of New York, decided last month (NYLJ 9/16/03, p. 18, col.
Adult Use Amendments Held Unconstitutional
<i>Ten's Cabaret, Inc. v. City of New York,</i> decided last month (NYLJ 9/16/03, p. 18, col. 1), represents the latest skirmish in the long-term battle between the City of New York and owners of adult establishments over the city's efforts to regulate the location (and ultimately the number) of adult uses in the city. In <i>Ten's Cabaret</i>, Justice York of New York County Supreme Court held that the city's 2001 amendment to its zoning resolution &mdash enacted to counteract evasion of the provisions in the then-existing ordinance &mdash failed to pass constitutional muster because the city had not conducted any studies to demonstrate the need for the amendment.
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