Justice Nardelli of the Appellate Division, First Department last Wednesday granted the request for stay by sex-oriented businesses after their loss in For the People Theatres of N.Y., Inc. v. City of New York. The plaintiffs are owners of "adult" businesses in New York City that challenged the implementation of amendments to the 1995 Adult Use Zoning Ordinance, which was popularly termed the "60-40" rule (see excellent legal memorandum of New York Department of State on ordinance).
The next step is to see if the New York Court of Appeals will retain the appeal and hear oral arguments on the matter.
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