Buzzetti v. City Of New York

140 F.3d 134 (2nd Cir.), cert. denied 119 S.Ct. 54 (1998)

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Nature of the Case

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Facts

Buzzetti (P), the owner of a topless club and Vanessa Doe (P1) a topless dancer, challenged a New York City (D) zoning enactment seeking declaratory and injunctive relief from the enforcement of regulations that limit permissible locations of commercial adult entertainment establishments. The zoning ordinance was the result of a study that alleged that there were many negative secondary impacts from having adult commercial establishments and because of substantial increases in adult entertainment establishments over the last ten years it was recommended that such establishments be regulated. The zoning ordinance that was passed regulated the locations of adult establishments according to adult classifications established under the ordinance and completely forbid adult establishments from operating in certain other specified areas of the city. Ps argue that the ordinance only applies to topless female dancers and not to male and therefore, it violates Free Speech, and Equal Protection. The district court dismissed the complaint, and Ps appealed.