ABSTRACT
In 2005, a suit was filed to the New York State Supreme Court by New York City (NYC) dancers and dance organizations, represented by attorneys Paul Chevigny and Norman Siegel. In this suit, John Festa et al. v. New York City Dept. of Consumer Affairs et al. (2006; from now on, Festa , or Festa v. NYC), plaintiffs argued that the cabaret law denied individuals the right to exercise their freedom of expression, as embodied in social dancing. The plaintiffs also contended that the cabaret law was arbitrary, capricious and denied them due process of law. In response, the defendants—New York City Department of Consumer Affairs (DCA), New York City Department of Buildings (DOB), the City Planning Commission of NYC (CPC), and the City of New York—filed a motion to dismiss. Initially, State Supreme Court Justice Michael Stallman allowed the case to continue, but in 2006, decided to dismiss the plaintiffs’ challenge, granting the defendants a summary judgment. In dismissing the case, the judge concluded that (1) social dancing was not a mode of expression protected by the First Amendment, and that, (2) given the negative impacts of social dancing businesses on neighboring communities, the cabaret law passed the reasonable test for its legitimacy. The plaintiffs appealed to the State’s higher courts, but the latter refused to hear the case. The case was terminated in July 2007.
