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BELLANCA v. STATE LIQ. AUTH.

54 N.Y.2d 228 (1981)

Dennis Bellanca, Doing Business as The Main Event, et al., Respondents, v. New York State Liquor Authority et al., Appellants.

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter J. Dooley and Jeremiah Jochnowitz of counsel), for appellants.

George P. Doyle for respondents.

Jay M. Zerin for Association of Adult Entertainment Taverns, amicus curiae.

Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge FUCHSBERG concurs in a separate opinion; Judge GABRIELLI dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge JASEN concur; Judge JASEN dissents in a separate dissenting opinion.

JONES, J.

The guarantee of freedom of expression declared in our State Constitution mandates invalidation of the blanket proscription against all topless dancing in premises licensed by the State Liquor Authority presently stated in subdivision 6-a of section 106 of the Alcoholic Beverage Control Law. Although that statutory ban has been held to be valid under the Federal Constitution in consequence of the provisions...

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