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.

Chiasson v. New York City Department of Consumer Affairs 1986

This is the first Chiasson decision holding 1961 amendment to Cabaret Law restricting types of instruments that may be played in unlicensed clubs to not allow percussion, wind, and brass was not enforceable, and deferred consideration to further proceeding as to whether restrictions on numbers of instruments were permissible.