New York Association Of Adult Entertainment Establishments Essays

New York Association Of Adult Entertainment Establishments New York Association of Adult Entertainment Establishments (NYAEE) causes to act in a legal suit against the Department of City Planning. Background and Facts. In this dispute, the Adult Establishment has been restricted in the city of New York, Manhattan, Queens, Brooklyn, Bronx, and Staten Island: I. Adult establishments, new and old are barred from certain districts that are zoned for manufacturing and commercial use but also permit residential development. II. Adult establishments must locate 500 feet from schools, houses of worship, day care centers. III. No more than one adult establishment in a zoning area. IV. Adult establishment can have no more than 10,000 square feet of floor area and cellar space. V. Adult establishments must conform or terminate within a year. These regulations are set forth by the New York Department of City Planning for the following reasons: decrease property values of surrounding business and residents, increase in crime, substantial loss of business because of loss in investments and decline in economic and pedestrian activities. Issues. The controversies in the dispute involving the interests of the city versus the interests of the Adult Entertainment enterprises are three-fold. First, in the process of zoning property boundaries, the government must avoid a regulating factor that allows a commercial business to have no other competition. A monopoly is an illegal economic entity in our free-market system. If only one adult establishment can be present in a zoning area, it is then a restriction of the competitive market where there can not be a choice for the consumer. This is the weakest of the three arguments and it will just be mentioned but not pursued. Second, it seems that the realm in which the city defines the Adult Establishment as a commercial enterprise, it seems that a zoning ordinance can only be set as commercials or non-commercial. A re-zoning of an area should not discriminate by type of business but only by the type of area the city cares to allow. In other words, zoning is a planning system to support either industrial, commercial, or residential areas. If an area is commercial, it should limit the area to certain enterprise. If a city decides that an enterprise in causing a disruption within the area it exists, then it should not allow the product to be sold in that area at all. The decision held in the National Paint and Coatings Association v. Chicago case is an example where the city council outlaws spray paint and big markers in the city of Chicago. The court found that there was no mistreatment and there is no fundamental right to sell paint therefore the license to sell paint can be denied by the city. The selli ng of adult entertainment can be denied completely because there is no fundament right to sell adult entertainment however, there is a fundamental right to own property, acquire property, and use the property according to the zone be it a commercial area for enterprise purposes. The third issue is that in regulating a adult entertainment, the city has taken the private property of the owners for a public good. The government has taken the action to intrude upon the ownership of property and has force that property to no longer be of use to that owner. This constitutes a takings by the government and the owners should be compensated for its losses. This is the strongest argument for the action in suit to resolve the dispute on behalf of the NYAEE. Holding. It is important to include some relevant case law that invokes the issue of a takings in order support the argument of a takings in this instance. In the Penn Central Transportation v. New York City 1978, the court's deliberation found that the action by the city did not constitute a takings. Justice Brennan found that the economic impact, the physical invasion by the government, the significant impact of the property in the realm of freedom and ability, and the regulation was designed to promote the good of the public, were the circumstance to rule in favor of the city, that these aspects were address in the correct manner. Using Brennan's scale in the Adult Entertainment dispute, the government is causing a negative economic