JAY-JAY CABARET, INC. v. STATE


215 A.D.2d 172 (1995)

626 N.Y.S.2d 130

Jay-Jay Cabaret, Inc., Respondent, v. State of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1995


The IAS Court properly declared SLA rule 36.1 (s), commonly known as the "Six Foot Rule", null and void for want of statutory authority and enjoined the SLA from enforcing that Rule based upon the court's determination that the SLA had acted without specific statutory authority in promulgating the Rule, which is, in effect, a categorical, no-fault blanket proximity prohibition banning topless dancing within six feet of patrons regardless of how orderly the licensed premises...

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