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2nd Circuit Says Alternative Strip Club Sites Must Be Evaluated at Time of Suit

Meeting the Sin Laws had a post yesterday linking to a 2nd Circuit opinion in which the court ruled that, in determining the constitutionality of zoning ordinances affecting "adult entertainment" businesses, the availability of alternate sites must be evaluated not just as of the time the questioned ordinance is passed, but at the time it is challenged.

In so deciding, the court vacated a 2008 decision of the Eastern District of New York, where the court analyzed the issue as of the time the ordinance was enacted and, after a bench trial, found that the plaintiff, owner of the Oasis Gentleman's Club in Smithtown, N.Y., had plenty of other places to put its business once the law made its current site verboten.

So, Long Islanders, fear not. As the case goes back down the chute to the District Court, only to advance square by square toward a (hopefully, eventually) final resolution, you will still be able to get your lap dances from "strippers who are A) over 40, B) over 150 lbs and C) on parole." God bless the federal judiciary.

Posted by Eric Lipman on March 11, 2010 at 01:15 PM | Permalink | Comments (1)

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