Adult Entertainment And The City Of New York
New York Association of Adult Entertainment Establishments (NYAEE) causes to act in a legal suit against the Department of City Planning.
Background and Facts.
In this dispute, the Adult Establishment has been restricted in the city of New York, Manhattan, Queens, Brooklyn, Bronx, and Staten Island:
I. Adult establishments, new and old are barred from certain districts that are zoned for manufacturing and commercial use but also permit residential development.
II. Adult establishments must locate 500 feet from schools, houses of worship, day care centers.
III. No more than one adult establishment in a zoning area.
IV. Adult establishment can have no more than 10,000 square feet of ...
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Entertainment enterprises are three-fold. First, in the process of zoning property boundaries, the government must avoid a regulating factor that allows a commercial business to have no other competition. A monopoly is an illegal economic entity in our free-market system. If only one adult establishment can be present in a zoning area, it is then a restriction of the competitive market where there can not be a choice for the consumer. This is the weakest of the three arguments and it will just be mentioned but not pursued.
Second, it seems that the realm in which the city defines the "Adult Establishment" as a commercial enterprise, it seems that a zoning ordinance can only be set as commercials or non-commercial. A re-zoning of an area should not discriminate by type of business but only by the type of area the city cares to allow. In other words, zoning is a planning system to support either industrial, commercial, or residential areas. If an area is commercial, it ...
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the NYAEE.
Holding.
It is important to include some relevant case law that invokes the issue of a takings in order support the argument of a takings in this instance. In the Penn Central Transportation v. New York City 1978, the court's deliberation found that the action by the city did not constitute a takings. Justice Brennan found that the economic impact, the physical invasion by the government, the significant impact of the property in the realm of freedom and ability, and the regulation was designed to promote the good of the public, were the circumstance to rule in favor of the city, that these aspects were address in the correct manner. Using Brennan's scale in the Adult ...
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Adult Entertainment And The City Of New York. (2008, February 21). Retrieved December 23, 2024, from http://www.essayworld.com/essays/Adult-Entertainment-And-City-New-York/79413
"Adult Entertainment And The City Of New York." Essayworld.com. Essayworld.com, 21 Feb. 2008. Web. 23 Dec. 2024. <http://www.essayworld.com/essays/Adult-Entertainment-And-City-New-York/79413>
"Adult Entertainment And The City Of New York." Essayworld.com. February 21, 2008. Accessed December 23, 2024. http://www.essayworld.com/essays/Adult-Entertainment-And-City-New-York/79413.
"Adult Entertainment And The City Of New York." Essayworld.com. February 21, 2008. Accessed December 23, 2024. http://www.essayworld.com/essays/Adult-Entertainment-And-City-New-York/79413.
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