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  • Essay / The New York Association of Adult Entertainment Establishments...

    The New York Association of Adult Entertainment EstablishmentsThe New York Association of Adult Entertainment Establishments (NYAEE) is taking action in justice against the Planning Department.Background and facts. In this dispute, the adult facility was restricted in the cities of New York, Manhattan, Queens, Brooklyn, Bronx and Staten Island:I. Adult facilities, new and old, are excluded from certain districts that are zoned for manufacturing and commercial use but also permit residential development.II. Adult establishments shall be located 500 feet from schools, places of worship, and day care centers.III. No more than one adult establishment in any zoning area.IV. An adult establishment may not have more than 10,000 square feet of floor space and cellar space.V. Adult establishments must comply or terminate within one year. These regulations are established by the New York City Department of City Planning for the following reasons: decreased property values ​​of surrounding businesses and residents, increased crime, substantial loss of business due to loss of investments . and the decline of economic and pedestrian activities.Problems.The controversies in the conflict between the interests of the city and the interests of adult entertainment businesses are threefold. First, in the property boundary zoning process, government must avoid a regulatory factor that would allow a commercial enterprise to have no other competitors. A monopoly is an illegal economic entity in our free market system. If only one adult establishment can be present in a zoning area, then this is a competitive market restriction where there can be no choice for the consumer. This is the weakest of the three arguments. in stores, unless they are all drive-thru buildings. Therefore, it must be some type of pedestrian activity. This attorney recommends that the action of the Department of City Planning in regulating the properties of NYAEE owners violated the vested rights of private property. NYAEE property owners affected by the regulations should file a lawsuit against the city to obtain compensation for property acquired by the government regulations. Bibliography: Works cited Dolan c. City of Tigrad Nollan v. California Coastal Commission (1987). Penn Central Transportation Co v. City of New York (1978). National Paint Coatings Association v. Chicago