Court found amendments expanding reach of the adult use zoning resolution to be unconstitutional. In 2002, For the People Theaters and JGJ Merchandise Corp. filed suit to declare the 2001 Amendments to City’s adult use zoning resolution unconstitutional as a violation of the First Amendment. The amendments broadened the resolution to cover any establishment regularly featuring live performances emphasizing specified anatomical areas or sexual activities and restricting or excluding minors. Prior to the 2001 Amendments, the resolution only applied to an establishment if 40 percent or more of the establishment’s accessible floor area or stock was used for adult purposes. On October 10, 2012 Justice Louis York of Supreme Court, New York County ruled for plaintiffs, declaring the 2001 Amendments unconstitutional and enjoining the City from enforcing them.
