AP: Lap dances are taxable because they don’t promote culture in a community the way ballet or other artistic endeavors do, New York’s highest court concluded Tuesday in a sharply divided ruling. | In the Matter of 677 New Loudon Corporation v. State of New York Tax Appeals Tribunal
Reuters: A New York man imprisoned for possessing and receiving child pornography cannot argue that he was wrongly convicted because he never stored the images on his computer, a federal appeals court has ruled. In an opinion on Monday, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York considered for the first time whether viewing forbidden images on the Internet constitutes knowingly receiving and possessing them. | U.S. v. Ramos, No. 10-4802-cr
Reuters: Viewing child pornography on the Internet without taking further action such as printing or saving files does not necessarily constitute possession, NewYork’s top court ruled on Tuesday. | People v. Kent
Law.com: “A federal appeals panel has thrown out a child pornography conviction that was based on explicit photographs texted by a 17-year-old to her field-hockey coach. The 2nd U.S. Court of Appeals held there was no evidence that defendant Todd Broxmeyer asked 17-year-old ‘A.W.’ to take the pictures, and therefore no evidence that he ‘produced’ them as defined by the federal child pornography statutes.” | USA v. Broxmeyer, No. 09-1457-cr (2nd Cir. Aug. 3, 2010)
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.”
Defiant judge takes on child pornography law
New York Times, A. G. Sulzberger, 5.21.2010
“In his 43-year career as a federal judge, Jack B. Weinstein has come to be identified by his efforts to combat what he calls ‘the unnecessary cruelty of the law.’ His most recent crusade is particularly striking because of the beneficiary: a man who has amassed a vast collection of child pornography.”
2nd Circuit: Courts must consider “adequacy of alternative sites” at time of challenge to SOB ordinance
TJS of New York, Inc. v. Town of Smithtown, No. 08-2789-cv (2nd Cir. March 10, 2010)
2nd Circuit: When evaluating First Amendment challenges to a zoning ordinance, a court must consider the adequacy of alternatives at the time the ordinance is challenged.
People v. Eames, 3274/2009, Supreme Court, New York County (Feb. 3, 2010)
Internet Service Providers are not “arm of law enforcement” when they forward detected child pornography to National Center for Missing and Exploited Children.
First Amendment Center: “Adult businesses are not entitled to challenge whether they cause adverse effects in their neighborhoods after a new zoning law has been enacted, a federal appeals court has ruled.” Opinion is here.
Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Businesses.