The enforcement of the 2001 amendment is pushing adult entertainment businesses out of Midtown Manhattan, but it’s not the only offender.
Written by Deborah Cruz-Burlachenko
A group of New York City adult nightclubs and adult retail stores challenged the constitutionality of the 2001 zoning amendment that could force them to close following a back-and-forth with the Second Circuit on Wednesday, February 12, 2025.
The original 1995 zoning regulation restricted adult-themed establishments from operating in most residential and commercial areas and required that they be at least 500 feet away from schools, churches and other adult entertainment businesses. However, those with 40% or less of their floor space dedicated to the adult industry could avoid these zoning restrictions, an alternative that became known as the 60-40 rule.
Just six years later, however, the 2001 amendment eliminated the rule, classifying any business selling adult products or entertainment as adult-themed, subjecting them to stricter zoning laws. Today, these businesses are actively appealing the enforcement of this amendment, arguing that it unfairly restricts their presence in Midtown Manhattan.
We used to operate at 100 percent adult entertainment, but now we stay within the guidelines. I think there is a space for adult entertainment if you operate within that rule.
— Donald Haren, Manager of Vishara Video Inc.
According to Courthouse News Service, US Circuit Judge Steven Menashi argues, “The city has said that the 60-40 rule was easily circumvented. You know, a strip club that has a billiard room upstairs is still really a strip club.”
Over the years, many city officials have seen the 60-40 rule as a loophole for adult retailer owners to circumvent by limiting and modifying their merchandise to avoid being subject to the law, including New York’s former Mayor, Ed Koch.
In 1978, Koch pledged to rid the city of “filth” and crime and thus began the cleanup of the city, specifically the “pornography and prostitution” running rampant in Times Square, a well-known hub for porn parlors, strip clubs, peep shows and adult video and toy stores. During the late ‘70s, the number of adult businesses in the midtown area was at an all-time high, with approximately 140 establishments open. That number dropped to 36 in 1993, according to a 1994 report by Insight Associates. Vice raids made it difficult for them to operate, and many peep shows and adult theaters were shut down. However, some managed to survive.
In 1995, the Mayor of New York, Rudy Giuliani, introduced the 1995 zoning regulation that strictly regulated their placement in the city and aggressively cracked down on adult nightclubs and adult retailers. This led to the closure of many more shops, with some adopting the 60-40 rule while others closed their doors permanently.
Sexual pleasure and sexual health will always be needed. The need will always be there, whether there are stores or not.
— GlittersaurusRex, Manager of The Pleasure Chest
“We used to operate as 100 percent adult entertainment, but now we stay within the guidelines,” says Donald Haren, manager at Vishara Video Inc., located on 48 Street and Eighth Avenue. “I think there is a space for adult entertainment if you operate within that rule.”
While the zoning regulation was introduced in 1995, it was not enforced until 1998. This led to many lawsuits against the city.
“We won a case in 2001, and since then, the city has appealed over and over again,” continues Haren.
City officials argued that adult businesses increased crime and lowered the property value of certain areas in Manhattan. However, Attorney Edward Rudofsky, who represents some of the plaintiffs fighting back against the 2024 federal court ruling that allows the amendment to stand, argues that these laws are outdated, written for a New York that existed 30 years ago and no longer applies today.
“Sexual pleasure and sexual health will always be needed,” says the manager of The Pleasure Chest, who goes by GlittersaurusRex. “The need will always be there, whether there are stores or not. People want a safe space, and crime will increase if they don’t have it.”
The store, located on 61st Street and Lexington Avenue, maintains a discreet and upscale appearance and monitors everyone coming into the store, always enforcing their age restriction.
“We have a good relationship with our clientele and the community,” she continues. “When people have questions about sex or sex education, we like to keep them informed. Zoning laws are not the only factors pushing out these stores. Adult retail stores have also fallen victim to the changing times, with the increased use of online stores and porn sites creating less demand. The prices of toys are also increasing. There are more and more empty commercial spaces opening up. Even from a fiscal standpoint, I think the city would want more business.”
A Little Italy Pizza stands in place of what used to be the iconic Show World Center, a three-story building dedicated to peep shows and adult retail. The store, which opened in 1975, was forced to modify its merchandise to comply with the 60-40 rule, yet even with the changes, it permanently closed its doors in 2004.
“I don’t think we would relocate – we would not survive,” says Hasen when asked if they would move if forced out of midtown. “There is no space for an adult shop in a commercial neighborhood. Maybe an industrial one, but not here – not anymore.”
