December 17, 2005
Important Legal Reversal for Sex Stores
The New York Times reported yesterday on an important reversal for sex store owners (and shoppers) in New York City:
The state’s highest court ruled yesterday that stores dealing in pornography should be given a chance to prove they have sufficiently cleaned up their act to allow them to remain in business. It reversed a lower-court ruling in 2004 that summarily endorsed the city’s attempt to shut the shops down without giving either side a chance to present its case.
This is an exciting ruling for sex shops that had been summarily booted out of Manhattan by former mayor Rudolph Giuliani’s policies that tried to “clean up†the city. It calls into question the argument that sex toy stores lower property values and damage a neighborhood.
- Sex Shops Can Offer Evidence of Their Virtue, Court Says (NY Times, reg. req’d)
- For the People Theatres of N.Y., Inc. v. The City of New York
Ten’s Cabaret, Inc. v. The City of New York (NYS Court of Appeals, issued 12/15/05)
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