Law Review: Alternatives for Adult Uses Required When Town is Sued
Alternatives for Adult Uses Required When Town is Sued
Anthony S. Guardino, 5/26/2010 N.Y.L.J. 5, (col. 2)
The particular issue in TJS was whether the constitutionality of a zoning ordinance should only be evaluated with regard to the ‘alternative avenues of communication‘ the ordinance left open at the time it was passed, or those it left open at the time it was challenged. In TJS, the Second Circuit held that the First Amendment required courts to consider the adequacy of alternative sites available when the ordinance was challenged. Although the ruling necessitates further proceedings in the district court in the TJS case, it also may signal the coming end of a more-than-15-year-battle over a topless bar in the Town of Smithtown on Long Island.