Document Category: Case Law
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Hund v. Cuomo (SLA) USDC 2021
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The SLA banning banning advertised, ticketed live music events during Covid violated the First Amendment rights of the an establishment which coordinates and contracts with venues, including those within New York State, to offer, advertise, and perform at live musical events for which tickets are sold to fans of his music
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Recent Court Decisions Upholding Liquor Licenses – Senter and Eldridge
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Recent Court Decisions Where SLA Defends Approval of Liquor License With Court Documents Files
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Community Boards Ignore Chiasson Decisions Declaring Music Restrictions as Unconstituional
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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…
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Chevigny – Gigs: Jazz and the Cabaret Laws in New York City
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Constitutional Law Attorney and Counsel for Plaintiffs in Chevigny and Festa Cases book on the Cabaret Law and litigation to eliminate restrictions against music.
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Muchmore Court Memorandum on Motions June 29, 1916
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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.
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Festa v. New York City Department of Consumer Affairs -Supreme Court and Appellate Division
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in 2004, John Festa and other social dance teachers challenged the constitutionality of the zoning resolution restrictions against dancing, winning in the trial court (Supreme Court), but reversed on appeal “Recreational dancing is not a form of expression protected by the federal or state constitution ” Litigation brought by Paul Chevigny.
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Local Law 178 – 2017 Establishing Office of NIghtlife and Advisory Board
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Local Law 178 was adopted in 2017 in conjunction with the repeal of the Cabaret Law, and established an Office of Nightlife within the office of the mayor or other agency. The law also created a nightlife advisory body.
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Barnes US Supreme Court 1991
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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.
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Muchmore’s Cafe, LLC v. City of New York 2014 Docket
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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
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Chiasson v. NYC Dept. of Consumer Affairs 1988
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The New York Supreme Court in the second Chiasson case in 1988 held that limiting the number of musicians who can play at unlicensed establishments to three is not constitutional.