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.”
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.