Memorandum and Order of Judge Roslynn R. Mauskopf, United States District Court of the Eastern District of New York declining to dismiss the Muchmore complaint against the City, and, among other findings, declined to find that social dancing was unprotected expressive conduct. p 31.
Document Category: Muchmore
Sugarman Amicus Letter Refuting Claims of Racist Intent in Original Cabaret Law
Letter Motion to Intervene as Amicus Curiae,
Muchmore Amended Complaint
Muchmore’s Amended Complaint – falsely represented that the thee musician and type of instrument limitations were in the original Cabaret Law.
The Cabaret Law did not target black venues when allegedly not allowing jazz instruments in non-licensed establishments.
When challenged, those having a belief that the Cabaret Law was racist justify their belief by claiming that the Cabaret Law allowed classical music instruments playing in non-licensed establishment, and prohibited typical jazz instruments thereby targeting black establishments. There are several problems with this claim: those provisions were placed in the Cabaret Law in 1961 as a way to liberalize the law allowing some live musical performance. This belief ignored the large number of non-black musicians playing jazz during the Jazz Age and the Flapper era. The second reason oft cited for this belief in the language to the introduction of the 1926 bill.
Muchmore’s Cafe, LLC v. City of New York 2014 Docket
Muchmore’s Cafe, LLC v. City of New York 1:14-cv-05668 (USDC EDNY 2014) View Docket at Court Listener with Links so All Filings