Stringfellow’s of New York v. City of New York, 96 N.Y.2d 53 (2001)

A business cannot avoid classification as an “adult eating or drinking establishment” under New York City zoning regulations by adopting a sham policy of allowing minors when its primary business involves sexually explicit entertainment.

Summary

Stringfellow’s, a topless bar, challenged its classification as an “adult eating or drinking establishment” under New York City’s zoning resolution, which restricts the location of such businesses. Stringfellow’s argued that its policy of purportedly admitting minors exempted it from the definition, which includes establishments “not customarily open to the general public * * * because it excludes minors by reason of age.” The New York Court of Appeals rejected this argument, finding the policy a sham designed to circumvent the zoning regulations. The court emphasized the city’s intent to protect children from sexually oriented environments and upheld the restrictions on adult establishments.

Facts

Stringfellow’s operated a topless bar in New York City. After the city amended its zoning resolution (AZR) to restrict the location of “adult eating or drinking establishments,” Stringfellow’s adopted a “minors policy.” This policy involved a detailed, multi-step process for admitting minors accompanied by a parent or guardian, including attorney consultation, parental consent forms attesting the entertainment was “not harmful,” and written consent from the minor. From 1997 to 1998, Stringfellow’s admitted only one minor under this policy. The city sought to enforce the AZR against Stringfellow’s, arguing it qualified as an “adult eating or drinking establishment.”

Procedural History

Stringfellow’s sued the City, seeking a declaratory judgment that it was not an “adult eating or drinking establishment.” The City counterclaimed to enforce the AZR. The Supreme Court initially dismissed the City’s complaint. The Appellate Division reversed, holding that Stringfellow’s was an “adult eating or drinking establishment.” On remand, the Supreme Court granted a permanent injunction against Stringfellow’s, preventing it from operating as an adult establishment. The Appellate Division affirmed, and Stringfellow’s appealed to the New York Court of Appeals.

Issue(s)

Whether Stringfellow’s minors policy, despite its restrictive nature and minimal practical effect, effectively removed it from the definition of an “adult eating or drinking establishment” under the New York City Zoning Resolution.

Holding

No, because Stringfellow’s “minors policy” was a transparent attempt to circumvent the AZR, and the establishment was not “customarily open to the general public,” given the policy’s restrictive nature and the extremely limited number of minors actually admitted.

Court’s Reasoning

The court found that Stringfellow’s policy was a sham designed to avoid the AZR’s restrictions and potential criminal liability. The court emphasized that “customary openness” requires openness that is “usual, ordinary or habitual (rather than rare or occasional),” citing Teachers Ins. & Annuity Assn. v City of New York, 82 NY2d 35, 43. The court noted the City’s clear intent to keep children away from adult establishments, stating that the AZR was “designed to keep children away from these establishments, not to have them invited in as customers.” The court refused to interpret the AZR in a way that would create a paradox where admitting more children would strengthen an establishment’s claim that it is customarily open to the public. The court stated, “When the lawmakers’ purpose is as clear as it is here, we will not bend their words into the shape of a loophole.” The court further reasoned that Stringfellow’s interpretation would be at odds with the underlying purposes of the Penal Law, which includes provisions designed to shield children from exposure to activities appropriate only for adults.