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FESTA v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS

37 A.D.3d 343 (2007)

830 N.Y.S.2d 133

JOHN FESTA et al., Appellants, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS et al., Respondents.

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

Decided February 22, 2007.

Recreational dancing is not a form of expression protected by the federal or state constitution (see Dallas v Stanglin, 490 U.S. 19 [1989]; Kent's Lounge v City of New York, 104 A.D.2d 397 [1984], appeal dismissed 65 N.Y.2d 636 [1985]). Accordingly, the Cabaret Law and attendant zoning regulations challenged by plaintiffs are subject to rational basis...

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