Town of Islip v. Caviglia, 73 N.Y.2d 544 (1989)
A municipality may restrict adult business uses to certain areas of the community through zoning ordinances without violating the state constitution, provided the restrictions are designed to address the secondary effects of such businesses on the surrounding community and are no broader than necessary to achieve that purpose.
Summary
The Town of Islip sought to enjoin the respondents from operating an adult bookstore in a prohibited zone, arguing the business violated a zoning ordinance that restricted adult uses to Industrial I districts and required nonconforming uses to be amortized over time. The New York Court of Appeals held that the ordinance was a valid exercise of the Town’s zoning power, as it primarily aimed to control the negative secondary effects of adult businesses on the community rather than suppress speech. The court found that the ordinance met both federal and state constitutional standards for regulating land use, providing reasonable alternative avenues of expression and being no broader than necessary to achieve its purpose.
Facts
Respondent Caviglia operated the Happy Hour Bookstore, an adult bookstore, in a Business I district of the Village of Bay Shore since 1980. The Town of Islip adopted a zoning ordinance in 1980 that restricted adult uses, including adult bookstores, to Industrial I districts. The ordinance also provided a schedule for amortizing nonconforming uses. The Happy Hour Bookstore was a nonconforming use, and its amortization period had expired. The Town of Islip prepared a report indicating the harmful effect of adult businesses on the surrounding area. The Town then sought to enjoin the store’s operation. Respondents opposed the injunction, contending that the ordinance violated their rights under the First Amendment of the United States Constitution and Article I, Section 8 of the State Constitution.
Procedural History
The Supreme Court denied a preliminary injunction and upheld the constitutionality of the ordinance, granting the Town a permanent injunction. The Appellate Division modified the judgment by striking the provision of the ordinance requiring proprietors to obtain a special permit before establishing an adult use in an Industrial I district, but otherwise affirmed the Supreme Court’s decision. The respondents appealed to the New York Court of Appeals.
Issue(s)
Whether the Town of Islip’s zoning ordinance, which restricts adult uses to Industrial I districts and provides for the amortization of nonconforming uses, constitutes an impermissible limitation of the respondents’ constitutional free speech rights under the Federal and State Constitutions.
Holding
No, because the ordinance is a valid time, place, and manner restriction that is designed to address the secondary effects of adult businesses on the surrounding community and is no broader than necessary to achieve that purpose. The amortization provisions are also valid because they provide a reasonable period for recouping investment and are not content-based.
Court’s Reasoning
The court reasoned that municipalities have broad power to implement land-use controls. Zoning ordinances are presumed constitutional if there is a reasonable relationship between the end sought and the means adopted. The court acknowledged that while the zoning power is broad, it is not unlimited, particularly when it affects First Amendment rights. Citing Renton v. Playtime Theatres, the court stated that municipalities could regulate adult uses through zoning if the predominant purpose is to control the secondary effects, the ordinance serves a substantial governmental interest, it is narrowly tailored, and it allows for reasonable alternative avenues of expression.
The court found that the Town’s ordinance met these federal requirements, as it was predicated on a study demonstrating the deleterious effect of adult uses on the quality of life in the community. The court noted that the ordinance was part of a plan for downtown renewal. The court explicitly rejected the argument that the ordinance was content-based, noting the Town’s effort to control secondary effects, not to suppress speech. It found that the ordinance was narrowly tailored and provided alternative locations for adult businesses.
Turning to the state constitutional issue, the court stated that New York could interpret its own constitution to extend greater protection to its residents than the federal constitution. Quoting People ex rel. Arcara v. Cloud Books, the court reiterated that the regulation of businesses which incidentally burden free expression may be sustained only if the state action is “no broader than needed to achieve its purpose.” The court distinguished Arcara, noting that in this case, the adverse effects of adult uses were not subject to direct attack through criminal proceedings or injunctions, making the zoning power the most appropriate means to address the Town’s substantive problems.
The court also found that the amortization provisions were valid, stating that reasonableness is determined by examining all the facts, including the length of the amortization period. The respondents failed to overcome the presumption of validity, as they had continued to operate well past the amortization period and presented no evidence of economic loss. The court concluded that the ordinance was neither vague nor overbroad.