NYC's Porn Stores On Brink Of Extinction

NEW YORK CITY — The last remaining pornography stores and strip clubs in the heart of Times Square are on the brink of extinction — and the only savior may be the Supreme Court of the United States.

When the New York Court of Appeals ruled to uphold a 2001 zoning regulation barring the sale or performance of "sexually explicit materials or activities" in June it signaled the end for New York City's once-flourishing porn industry, a lawyer representing the city's remaining porn businesses said. On June 6 the court ruled that the zoning regulations do not violate store owners' first amendment rights.

"Where it stands right now is that the law has been upheld, the city can enforce the law," attorney Erica Dubno said. "The city has agreed that during this period of time, where we still have continuing legal challenges, that they're going to hold off an maintain the status quo that's lasted for the past 16 years."

The push to outlaw pornography in New York City began with a 1995 zoning ordinance, according to the New York Court of Appeals ruling. That ordinance barred any "adult establishment" from most types of zoning found in New York City. The justification for the ordinance was that the government was not targeting free speech or the content of pornography but instead "the negative secondary effects caused by adult uses."

Many porn businesses found a way to circumvent the ordinance — which defined a business as an "adult establishment" if 40 percent of the business was dedicated to adult purposes — by stocking non-pornographic material in back rooms or devoting floor space to non-pornographic uses such as a restaurant or other business.

But in 2001 the city made the 60/40 rule less important when defining "adult establishment" — a decision that faced challenges until the New York Court of Appeals ruling in June.

Dubno told the Associated Press that she could appeal the United States Supreme Court to take up the case, calling the move a "last gasp."

Check out an AP video below:

Photo by frankieleon via Flickr/Creative Commons