NYC law restricting X-rated material struck down
NEW YORK — A judge has ruled as unconstitutional a 2001 New York City law that sought to reduce the number of stores offering a mix of sexual content and other material in communities that banned X-rated establishments.
Manhattan Supreme Court Justice Louis York said on Aug. 30 that the so-called 60-40 mixed-use establishments did not create a public nuisance in their neighborhoods. He said the city had other ways to close establishments that violated the 60-40 zoning rule.
The New York Times reports that the judge wrote “what the city is really regulating is the content of expression.” He called that a clear violation of the plaintiff’s rights to freedom of speech.
The ruling will have no immediate effect because the law was not enforced while lawsuits challenging it winded through the courts.