Facing extinction, New York’s smut shops are appealing to the Supreme Court

Industry hopes to appeal a June ruling that banned most stores

New York /
Oct.October 18, 2017 03:25 PM

New York’s porn shops aren’t going to Take A Court defeat lying down.

The industry lost a lengthy battle with the city in June that banned most of New York’s remaining porn stores, but industry attorney Erica Dubno wants to appeal the case to the U.S. Supreme Court by year’s end, according to Crain’s.

The New York State Court of Appeals ruled against what had been dubbed the 60/40 rule in June, which let porn shops disregard certain harsh city rules as long as porn made up less than 40 percent of their inventory.

Show World, one of the last remaining porn shops in Times Square, complied with the ruling by filling its basement with items like crossword puzzle books and old magazines. That store’s fate became more uncertain in May when landlord Richard Basciano, whose Eighth Avenue buildings between West 42nd and 43rd Street were longtime porn havens, died.

The city will not start enforcing the ban until the Supreme Court decides whether to hear the case, which will likely happen early in 2018.

Dubno acknowledged that their chances of acceptance were low, but maintained that they had a legitimate case.

“You’re talking about limiting a type of expression that is fully protected by federal laws,” Dubno told Crain’s. “Our case has extremely compelling constitutional issues that should be of interest.” [Crain’s]Eddie Small


Related Articles

arrow_forward_ios
CHIP executive director Jay Martin (LinkedIn, iStock / Photo illustration by Priyanka Modi)
Landlords called it: Vacancy rate jumps, rent-stabilization stays
Landlords called it: Vacancy rate jumps, rent-stabilization stays
331 Elmora Avenue and 103 Ryan Street (Kislak Realty)
Tri-state deal roundup: Multifamily, industrial still hot
Tri-state deal roundup: Multifamily, industrial still hot
From left: Vice Media CEO Nancy Dubuc, Rudin’s CEO and co-chairman Bill Rudin, and Dock 72 (Getty Images, S9 Architecture, Rudin Management, iStock)
Vice scraps move to Rudin’s Dock 72
Vice scraps move to Rudin’s Dock 72
From left: Metro Loft Management founder Nathan Berman, Silverstein Properties chairman Larry Silverstein, and 55 Broad Street (Metro Loft, Silverstein Properties, LoopNet)
Silverstein, Metro Loft pick up Rudin’s 55 Broad Street for $180M
Silverstein, Metro Loft pick up Rudin’s 55 Broad Street for $180M
1552-1560 Broadway and Wharton Properties’ Jeff Sutton (Google Maps)
Investor claims Jeff Sutton cheated him out of millions on Times Square deal
Investor claims Jeff Sutton cheated him out of millions on Times Square deal
Burberry's Jonathan Akeroyd with 11 West 42nd Street (Getty, Google Maps, iStock)
Burberry sews up deal at Tishman Speyer building
Burberry sews up deal at Tishman Speyer building
Adam Leitman Bailey, Y. David Scharf, and Miki Naftali with 215 West 84th Street (Adam Leitman Bailey, Morrison Cohen, Getty)
Naftali lays out project as holdout tenant plays new card
Naftali lays out project as holdout tenant plays new card
Taconic Partners' Matthew Weir and Hudson Research Center 61 at 9 West 54th Street (iStock, Taconic Partners, Hudson Research Center)
RPI signs at Taconic and Silverstein’s life sciences hub
RPI signs at Taconic and Silverstein’s life sciences hub
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...