Requiring a Long Island, N.Y., topless bar to relocate does not strip First Amendment protections from the club, a federal judge has ruled in refusing to issue an injunction declaring the town's adult-use ordinance unconstitutional. Federal Judge Sandra J. Feuerstein found that "reasonable alternative avenues of communication" existed because the town had provided a viable list of 35 alternative sites for the topless bar in 1994, the year that the ordinance was enacted.
June 04, 2008 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Requiring a Long Island, N.Y., topless bar to relocate does not strip First Amendment protections from the club, a federal judge has ruled in refusing to issue an injunction declaring a town’s adult-use ordinance unconstitutional.
Eastern District of New York Judge Sandra J. Feuerstein issued her decision in TJS of New York Inc. v. Town of Smithtown, 03-cv-4407, after presiding over a bench trial in February.
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