Cheektowaga, NY (WBEN) A recently enacted regulation by the State Liquor Authority has led to a lawsuit challenging the shut down of an area strip club.
Scores on Genesee Street near the Buffalo Airport filed the lawsuit, looking to re-open in the way other non-adult clubs across the state have.
New regulations allow for live music performances at places with liquor licenses but not exotic dancing. Attorney Paul Cambria calls that abritrary and capricious. "That's a textbook violation of the First Amendment," says Cambria. "It's a content based decision. In other words, you can sing, which is legal, but you can't dance, but (dancing) is legal too. The state doesn't get the opportunity to make those decisions for citizens."
Cambria says an exotic dancer may be safer than a singer. "If you think about it, a singer is expelling breath into the crowd, a dancer is just standing there. Both have to abide by 12 feet away, no mingling with customers, facemasks on customers. There's no basis for valid restrictions," explains Cambria.
Judge Frank Sedita has issued a temporary restraining order to keep Scores open until the lawsuit is decided. A hearing is set for August 19th.