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PEOPLE THEATRES v. CITY OF NY

6 N.Y.3d 63 (2005)

843 N.E.2d 1121

810 N.Y.S.2d 381

FOR THE PEOPLE THEATRES OF N.Y., INC., Doing Business as FAIR THEATRE, et al., Appellants, v. CITY OF NEW YORK et al., Respondents. TEN'S CABARET, INC., Formerly Known as STRINGFELLOW'S OF NEW YORK, LTD., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP, New York City (Herald Price Fahringer and Erica T. Dubno of counsel), for For the People Theatres of N.Y., Inc., and another, appellants.

Alonso, Andalkar & Kahn, P.C., New York City (Mark J. Alonso, Jaymee Kahn and Pritina Bhavsar of counsel), for Ten's Cabaret, Ltd., appellant.

Mehler & Buscemi, New York City (Martin P. Mehler of counsel), for Pussycat Lounge, Inc. and others, appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner, Robin Binder and Elizabeth S. Natrella of counsel), for respondents.

Judges ROSENBLATT, GRAFFEO and R.S. SMITH concur with Judge READ; Chief Judge KAYE dissents and votes to reverse and reinstate the judgments of Supreme Court in a separate opinion in which Judges G.B. SMITH and CIPARICK concur.

OPINION OF THE COURT

READ, J.

The issue on this appeal is whether New York City's adult use zoning regulations, as amended in 2001, serve a public purpose other than censorship and therefore do not infringe upon plaintiffs' rights of free speech under the federal and state constitutions. We conclude that, on this record, a question of fact exists, requiring further proceedings in Supreme Court.

I.

As was the case when we last reviewed adult...

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