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94 Page 2 -- December 10, 2004 Z,B. Adult Entertainment-- Business plans to sell small amount of adult products Most of business is a retail clothing store Citation: Giggles World Corp. v. Town of Wappinger, U.S. District Court for the Southern District of ~Vew York, No. 04 Civ. 2559(C£$) (2004) NEW YORK (10/05/04) -- Giggles World Corp. leased a building with the intent of opening a retail business. Giggles planned t© sell clothing, hosiery, lingerie, swimwear, and evenmgwear. Giggles also planned to sell a small selection of adult products, such as videos, periodicals, and other items. The Town of Wappinger Zoning Administrator found Giggles could not sell adult products because the town zoning ordinance prohibited the sale of such items within 400 feet of any residential zone, and Giggles' leased property was within 400 feet of a residential district. Giggles sued, and the town asked the court to dismiss the lawsuit. The town argued its ordinance was content-neutral and intended to regulate the harmful secondary effects caused by adult businesses, nor an attempt to vio- late Giggles' First 'Amendment rights. DECISION: Judgment in fa'mr of Giggles. Atthough the ordinance was clearly content-neutral, the town had not proven its ordinance was narrowly tailored to affect only those businesses known to produce unwanted secondary effects. The town failed to show how selling small amounts of adult material fi:om the back of a clothing store posed a sign/fi- cant risk of causing harm~l secondary effects, such as increased crime, low- ered property values, and law enforcement issues. To show that the ordinance was narrowly tailored, the town had to produce sufficient evidence Giggles' business would cause harmful secondary effects. While the town presented several studies Showing the harmful secondary ef- fects of adult businesses in other municipalities, it still had to show specifically that Giggles' business posed a rSsk of causing the same type Of harm. 'Ultimately, the town was not entitled to ,judgment on the matter because it was unclear how the teared harmful secondary effects were likely to be caused by the small amounts of adult products Giggles planned to sell. see also: Ci~, of Erie ,z Pap's A.M.. 529 U.S. 277, 120 S. Ct. ]382, ~ 46 £.Ed. 2d 265 (20O0). xee alxo: Cir,, qfLos Angeles v. ,4&.meda Books, 535 L,~.S. 425, 122 S.C~. ~728, 152 L. Sd. 2d dF0 i2002). Accessory Use ~ Campground also hosts music festivals Sells rickets to members Of the general public as well tis campers City, lion: :Pli~'/,'ime,,? ?.' 3ibe~: .4?pe/l~re C::tu'r ,~f' C,)n. nec'ric'~tr, ,.Va. AC 22879 · ~: .~()C,& }Lllll!.':.i~ :'zOIISRIB~, _-'~OIID. -IlV ¢,I)IO(I[ICBOR 'S 3rOlllblte(I..--or 'nora nforrna~lon 31ease ;all :6i7', 542-0048.