Stringfellow’s of New York, Ltd. v. City of New York, 91 N.Y.2d 382 (1998)

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A municipality may impose zoning restrictions on adult establishments if the restrictions are content-neutral, designed to address negative secondary effects, and provide reasonable alternative avenues of communication.

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Summary

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This case concerns the constitutionality of New York City’s Amended Zoning Resolution regulating the location of adult entertainment establishments. The Court of Appeals upheld the ordinance, finding that it was content-neutral, designed to combat negative secondary effects like increased crime and decreased property values, and provided sufficient alternative locations for adult businesses. The court emphasized the importance of balancing community needs with free expression rights under both the First Amendment and the New York State Constitution, relying heavily on the framework established in Matter of Town of Islip v. Caviglia.

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Facts

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New York City experienced a significant increase in adult entertainment establishments. The Department of City Planning (DCP) conducted studies showing that these establishments led to negative secondary effects such as increased crime, decreased property values, and a decline in community character. Based on these findings, the City Council amended the Zoning Resolution to regulate adult establishments, defining them as businesses where a