New Jersey’s Supreme Court says towns can restrict sexually-oriented businesses by arguing such establishments are available in New York and Pennsylvania.
Thursday’s 5-1 decision involves Sayreville’s attempt to close a nude club because state law prohibits such businesses within 1,000 feet of homes and parks.
Club 35’s lawyer argued the town couldn’t offer it an alternative site that was relevant to its location.
Sayreville said Club 35’s patrons could go to Staten Island, N.Y.
The state’s highest court says judges can consider if adult businesses in other states are part of the market.
Justice Barry Albin dissented, saying the court is “the first in the nation to suggest a state can geographically restrict constitutionally protected expression within its borders, in part, by offering a neighboring state as an alternative.”