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


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