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For the People Theatres of N.Y. Inc.,, Plaintiff, JGJ Merchandise Corp.,, Respondent,v.City of New York, et al., Appellants.---------------------------------Ten's Cabaret, Inc.,, et al., Respondents, v. City of New York, et al., Appellants.

Brief

39 Cited authorities

  1. New York v. Ferber

    458 U.S. 747 (1982)   Cited 1,989 times   5 Legal Analyses
    Holding child pornography is not subject to First Amendment protections

  2. City of Los Angeles v. Alameda Books, Inc.

    535 U.S. 425 (2002)   Cited 409 times   1 Legal Analyses
    Holding that "'[t]he First Amendment does not require a city, before enacting . . . an [adult entertainment secondary effects] ordinance to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses.'"

  3. Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County

    630 F.3d 1346 (11th Cir. 2011)   Cited 208 times
    Upholding constitutionality of ordinance that required semi-nude employees to remain at least six feet from any patron or customer and on a stage at least 18 inches from the floor and in a room of at least 1,000 square feet, prohibited employees from touching customers or customers' clothing, and restricted hours of operation

  4. Hickerson v. City of New York

    525 U.S. 1067 (1999)   Cited 89 times   1 Legal Analyses
    Holding that jurisdiction to grant a divorce may exist without jurisdiction to adjudicate the parties' property rights

  5. Independence News, v. City of Charlotte

    568 F.3d 148 (4th Cir. 2009)   Cited 131 times
    Upholding grant of partial judgment on the pleadings because government had a "sufficient evidentiary basis" to justify speech restriction

  6. Fantasyland v. San Diego

    505 F.3d 996 (9th Cir. 2007)   Cited 79 times
    Holding summary judgment order upholding constitutionality of law against plaintiffs' challenge did not have prospective application under Rule 60(b)

  7. N.W. Enterprises Inc. v. City of Houston

    352 F.3d 162 (5th Cir. 2003)   Cited 75 times
    Upholding ordinance's provisions on interior lighting, design, and layout

  8. Richland Bookmart, Inc. v. Knox County

    555 F.3d 512 (6th Cir. 2009)   Cited 59 times
    Holding that prohibition of alcohol consumption in adult entertainment venues is a reasonable restriction

  9. Nationsbank of Georgia v. Herman

    525 U.S. 816 (1998)   Cited 16 times

    No. 97-1899. October 5, 1998, October TERM, 1998. C.A. 11th Cir. Certiorari denied. Reported below: 126 F. 3d 1354.

  10. Stringfellow's of New York, Ltd. v. City of New York

    91 N.Y.2d 382 (N.Y. 1998)   Cited 72 times
    Finding from "amendments' legislative history that ameliorating the negative social consequences of proliferating adult uses was the City's only goal"

  11. Section 5601 - Appeals to the court of appeals as of right

    N.Y. CPLR 5601   Cited 2,353 times

    (a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

  12. Section 235.20 - Disseminating indecent material to minors; definitions of terms

    N.Y. Penal Law § 235.20   Cited 23 times

    The following definitions are applicable to sections 235.21, 235.22, 235.23 and 235.24 of this article: 1. "Minor" means any person less than seventeen years old. 2. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state. 3. "Sexual