by Alan Jacobs

The continual appearance of new porn shops in our storefronts has created an uproar. Public officials, the press, and even the David Letterman show have featured these sleazy joints and the resulting outrage. I am chairing a GVBA task force on the subject. For more info, call 212-727-7462.

First, the bad news
The porn problem relates to other problems (tattoo parlors; late-night basketball; riverside prostitution and loitering) but certain laws were designed to combat it. Let me outline the zones of iniquity:

1. 6th Ave. Strip: From Bleecker to 25th Sts. 7 similar sex shops have opened, all featuring bright neon signs advertising their wares. 4 of them contain peep booths where masturbation or sexual contact takes place.

2. The New Five Points Sex & Tattoo Zone: Where 4th St. crosses 6th Ave. & Cornelia St. coming up from the south at an angle. 2 porn shops at 313 and 333 6th Ave. share the block with tattoo parlors, and 4 shops specializing in sex toys; the Pink Pussycat is the most venerable of these. The tattoo parlors in the triangle building are galling; one could hope that co-op shareholders not rent to bad commercial tenants. Apparently, the tenants here have no such power.

3. The Christopher Cauldron: In an area besieged by prostitutes who often ply their trade on or under our stoops, there are 9 sex shops. This includes Christopher from 7th Ave. to West St. On a recent David Letterman show comic actress Amy Sedaris conducted a 4am tour near Bedford and Christopher. As she passed a porn shop and Dave asked about it, Amy said, “Oh yes, we have 13 of these stores around here and they’re just so convenient. They’re the only stores open this time of night.”

Fantasy World at 7th Ave. and 12th S, sells sex toys and trashy lingerie. It’s a big space; we fear that the store may expand and install peep booths in its basement. Its presence near The Pleasure Chest, which has been a discreet neighbor, may initiate a sleaze zone on this part of 7th Ave.

Further down 7th Ave. and around the corner is 287 Bleecker between Cucina Stagionale — an upscale restaurant — and the legendary Ottomanelli & Sons. A local real estate broker tells us that, despite his best efforts to put a restaurant there, the owner insists that the most profitable use of the space will be a porn shop. The vacant site has a faded hand-drawn sign in the window announcing that the store is “for rent.” Call 917-723-3197 if you’d like to negotiate for the lease.

Now, some good news
Fortunately, we’re in Greenwich Village, where residents do not quietly sit back and take it. The stream of complaints to public officials has forced action.

• Councilmember Christine Quinn is pushing for enforcement of the law against these shops. Along with State Senator Tom Duane, she held a July 7 meeting with a group of community leaders to brainstorm about the porn issue. It was a first step.

• At the August 9 GVBA Town Hall, commissioners were questioned about the porn shops; they agreed to try to do more. The person most directly responsible for enforcing the porn law attended. His name and title are:

John Feinblatt
Criminal Justice Coordinator
Office of the Criminal Justice Coordinator
One Centre St. — Room 1012
North New York, N.Y. 10007
E-mail: jfeinblatt@cityhall.nyc.gov

• Councilmember Quinn is sponsoring a September 8 forum at Demo Hall, Our Lady of Pompeii Church, 25 Carmine St.. (enter on Bleecker). Representatives of the Dept. of Buildings, the Office of the Criminal Justice Coordinator, the Office of Midtown Enforcement, the local precinct, the fire department, and the DA’s office will attend.

Some more bad news
As an attorney I have been looking at the current state of the porn law. I am not sure that we currently have an enforceable anti-porn law. In 1995, the City Council passed the anti-porn zoning law— if a substantial portion of a shop features adult merchandise (which is defined), then such a store can only be sited in certain zones (away from residential areas). Regulations establish the 60/40 equation: over 40% is a “substantial” portion. If insufficient, this law was clear, enforceable and upheld by the state’s highest court.

In 2001, the City Council changed the law; an establishment that “contained” an adult bookstore etc. became illegal. The porn shops challenged this law; Judge Louis York held it to be unenforceable in a 2003 decision, Tens Cabaret v. NYC; this decision may be upheld. By changing an enforceable law, the Council may have created an unenforceable law. So, we may be on our own.

If the council reverted to the original language regarding a commercial establishment where a “substantial portion” was devoted to adult uses and “substantial portion” were defined to include, for example, peep booths and sex toys, this might be enforceable if it is shown that such stores have undesirable effects; hearings would be required. The Council could change the ratio (make it, say, 70:30) and the law might withstand a challenge.

The reality now is that we do not know if we have an anti-porn law. Without such a law we are left to our own devices (e.g., persuasion, picketing, threats). We could try to get enforcement of other laws, such as those requiring handicapped access or Department of Health regulations. But the most effective thing is to change the law to one that is clearly enforceable and specify those items that constitute a porn shop.

Home Page GVBA News — Fall 2004