New York Association of Adult Entertainment Establishments (NYAEE) causes to act in a legal suit against the Department of City Planning.
Background and Facts.
In this dispute, the Adult Establishment has been restricted in the city of New York, Manhattan, Queens, Brooklyn, Bronx, and Staten Island:
I. Adult establishments, new and old are barred from certain districts that are zoned for manufacturing and
commercial use but also permit residential development.
II. Adult establishments must locate 500 feet from schools, houses of worship, day care centers.
III. No more than one adult establishment in a zoning area.
IV. Adult establishment can have no more than 10,000 square feet of floor area and cellar space.
V. Adult establishments must conform or terminate within a year.
These regulations are set forth by the New York Department of City Planning for the following reasons: decrease property values of surrounding business and residents, increase in crime, substantial loss of business because of loss in investments and decline in economic and pedestrian activities.
The controversies in the dispute involving the interests of the city versus the interests of the Adult Entertainment enterprises are three-fold. First, in the process of zoning property boundaries, the government must avoid a regulating factor that allows a commercial business to have no other competition. A monopoly is an illegal economic entity in our free-market system. If only one adult establishment can be present in a zoning area, it is then a restriction of the competitive market where there can not be a choice for the consumer. This is the weakest of the three argu...
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...inment industry, as well they must, to have such an enormous variety of successful departments areas of concern, the customers would have to walk into the shops unless they are all drive-thru buildings. Therefore, the must be some type of pedestrian activity.
It is of the recommendation of this lawyer that the action of the Department of City Planning in regulating the properties of the NYAEE owners has violated the vested rights of private property ownership. The NYAEE property owners affected by the regulations should file a law suit against the city for the compensation of the property acquired by the government regulations.
Dolan v. City of Tigrad
Nollan v. California Coastal Commission (1987).
Penn Central Transportation Co v. City of New York (1978).
National Paint Coatings Association v. Chicago
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