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NYC's Remaining XXX Shops & Strip Clubs Could Be Stomped Out For Good
By
Emma Whitford
Published Aug 7, 2017
Modified Aug 7, 2017
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By
Emma Whitford
Published Aug 7, 2017
Modified Aug 7, 2017
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A June court ruling could spell the demise of New York City's severely depleted smut industry after decades of litigation, according to an attorney representing dozens of porn book and DVD shops.
"This latest decision from the court, if it is upheld and we do not obtain further judicial relief, it would mean virtually all book stores in NYC that have some level of adult material and viewing booths would have to close," said attorney Erica Dubno, who has been representing NYC smut shops since 1995 and is currently appealing an early June State Appeals Court decision.
The same would likely go for New York City's remaining strip clubs and peep shows, many of which were snuffed out during former mayor Rudy Giuliani's quality-of-life crusade in the mid-1990s. A 1995 law, first enforced in 1998 after multiple court stays, required shops and clubs to shutter in most commercial and residential neighborhoods, including Times Square, which bears little resemblance to its former porn-and-strip-hub self.
Remaining establishments, including Mixed Emotions and Show World Center in Midtown, took advantage of a loophole that allows them to stay open so long as adult materials and offerings amount to less than 40 percent of business. According to Dubno, there are currently roughly 25 smut book and video shops with private viewing booths left in New York City, down from a mid-90s peak of close to 100.
The June 6th ruling, if upheld, will reinstate a 2001 City Council decision that closes the 60/40 loophole and limits porn businesses to a select few remote districts, the Associated Press reports this week. If Dubno's July appeal fails, she predicted, "Shops would have to break leases, fire employees, and put people out of work. And the most important thing is that it infringes on the First Amendment because it silences expression."
Real estate lawyer Ed Rudofsky, who is representing gentlemen's clubs, did not immediately respond to a request for comment.
"We are pleased with the Court of Appeals decision," a City Law Department spokesman stated to Gothamist. "The city's approach was reasonable and lawful to protect our quality of life. The amendments enacted at the time [in 2001] were intended to stem the widespread circumvention of zoning regulations."
Dubno said that while she'd rather the de Blasio administration had let the issue lie, City Hall has proven more "decent" than the Giuliani administration.
"To be completely honest with you, the de Blasio administration has been extremely decent and fair to the First Amendment businesses and they have agreed to stay enforcement on the proceedings while we seek a final resolution," she said. "During the Giuliani administration, he said he was running out and buying padlocks to shut the places down. And I think de Blasio recognizes the importance of waiting for a true and final decision before taking action against businesses."
If Dubno's appeal fails, she'll try for the Supreme Court. Asked if she's concerned how the case might fare in President Trump's Washington, Dubno laughed knowingly and declined to comment.
Tagged
Bad old Days
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Smut
Times Square
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Emma Whitford
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