Recent Court Decisions Upholding Liquor Licenses – Senter and Eldridge

[Edited January 25, 2025] Two relatively recent New York County Supreme Court decisions uphold SLA approvals of liquor licenses over the objection of local residents. One decision (Senter) upholds dancing and live music over the objections of a local community group and involved a stipulation.  The Community Board had  “forced” the establishment to enter into… Continue reading Recent Court Decisions Upholding Liquor Licenses – Senter and Eldridge

Community Boards Ignore Chiasson Decisions Declaring Music Restrictions as Unconstituional

The New York City Community Boards in cooperation with the State Liquor Authority have ignored the decisions of Chiasson I and Chiasson II in in  1986 and 1988, implementing restrictions against live music declared as unconstitutional. Although the City amended its Zoning Resolution in 1990 reflecting the Chiasson decisions, the SLA and Community Boards have acted as a superseding zoning authority overriding the Zoning Resolution.

Muchmore Court Memorandum on Motions June 29, 1916

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.

Barnes US Supreme Court 1991

Nude dancing may be prohibited “governmental interest served by the text of the prohibition is societal disapproval of nudity in public places and among strangers.” Not all dancing is entitled to First Amendment protection, citing Stanlgin.