this is tooo funny

[flightnurse Lindy]

Court: Ban on Social Dancing in NY Bars Legal

NEW YORK -- You can listen to the music in a New York City bar, but you better not begin tapping your feet because it could lead to dancing.

A state appeals court Thursday ruled that an 80-year-old law banning dancing in New York City bars, restaurants and certain clubs is legal.

The state Supreme Court's Appellate Division ruled that the city's Cabaret Law, permits dancing only in places that have a license.

The Gotham West Coast Swing Club and several people filed a lawsuit complaining that because the Cabaret Law barred them from dancing with other people, it illegally infringed on their right of free expression.

The appeals court disagreed, saying, recreational dancing is not a form of expression protected by the federal or state constitutions.

Lawyer Norman Siegel represented the dancers and says he's considering an appeal.

For Immediate Release
COURT UPHOLDS CONSTITUTIONAL CHALLENGES
TO CITY’S CABARET LAWS,
ENABLING CITY TO CONTINUE TO PROTECT
QUALITY OF LIFE IN RESIDENTIAL AREAS
Contact: Kate O’Brien Ahlers, Communications Director, (212) 788-0400, media@law.nyc.gov
New York, February 22, 2007 – In a confirmation of the City’s efforts to protect residential communities
from potential noise and safety hazards caused by some cabarets, the Appellate Division, First
Department in John Festa, et al. v. New York City Department of Consumer Affairs, et al , today upheld
the lower court’s decision that recreational dancing is not a form of expression protected by the federal or
state constitutions. The ruling affirmed the enforcement of City licensing and zoning requirements for
cabarets — establishments that sell food or drink and have recreational dancing — that limit where these
establishments may be located.
The individual plaintiffs claimed they wanted to be able to dance in any bar or restaurant of their choice,
at any time. The Court declared that the City’s measures are rationally related to the governmental
objectives of protecting its residential communities from “potentially intrusive noise, congestion and other
hazards, and to protect local retail development.”
“We welcome the Court’s decision, which recognizes City’s authority to protect its residents from
excessive noise and other disruptions, and to make appropriate choices in seeking to reconcile the
competing needs and desires of its citizens,” said Norman Corenthal, Senior Counsel with the New York
City Law Department’s Appeals Division, who argued the case on appeal. The case was litigated at the
trial level by Ave Maria Brennan, Senior Counsel with the Department’s Administrative Law Division.
The New York City Law Department is one of the oldest, largest and most dynamic law offices in the
world, ranking among the top three largest law offices in New York City and the top three largest public
law offices in the country. Tracing its roots back to the 1600's, the Department's 650-plus lawyers handle
more than 100,000 cases and transactions each year in 17 separate legal divisions. The Corporation
Counsel heads the Law Department and acts as legal counsel for the Mayor, elected officials, the City
and all its agencies. The Department's attorneys represent the City on a vast array of civil litigation,
legislative and legal issues and in the criminal prosecution of juveniles. Its web site can be accessed
through the City government home page at www.nyc.gov or via direct link at
NYC.gov - The Official New York City Web Site.
# # #
NEW YORK CITY LAW DEPARTMENT
OFFICE OF THE CORPORATION COUNSEL
Press Release
nyc.gov/law
Michael A. Cardozo, Corporation Counsel

 

[Peter Parka]

Its like a real live version of Footloose!:eek

 

[IntruderLS1]

Hmm... I can see why the city doesn't want a bunch of rag-tag cabare clubs going in, but dancing with your wife/gf, whatever, should be legal.... hmmm....