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Chris Wysocki
Caldwell, NJ
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Monday, 23 January 2012
NJ Supreme Court: Towns can ban Free Speech because it's available in New York
NIMBY just became NIMS — Not In My State.
A long legal battle to shut down a nude juice bar in Sayreville took a new turn Thursday when the New Jersey Supreme Court ruled that the availability of strip clubs in neighboring states could be used as part of an argument for keeping them out of local communities here.
The high court's 5-1 ruling would allow towns to make the argument that a sexually oriented business wasn't needed in their municipality because club owners could locate in New York or Pennsylvania.
The U.S. Supreme Court has long established that nude dancing is a form of Free Speech, protected by the First Amendment. Reasonable zoning restrictions can be enacted so long as they are not exclusionary in nature.
Apparently the NJ Supreme Court has adopted a very elastic view of "exclusionary."
Which in my mind is actually good! Because it sure seems like a reversal of their own idiotic rulings in the various Mount Laurel "affordable housing" lawsuits. Those rulings said essentially "zoning be damned!" Every town in New Jersey is required to provide a quota of "affordable housing" within its borders, even if it means bulldozing perfectly good single family homes to do it.
The availability of surplus "affordable housing" in a neighboring town (nevermind a neighboring state!) was expressly dismissed by the courts as insufficient. The "affordable housing" must be located within the borders of each and every town.
Alas, the made-up right to "affordable housing" is not enshrined in the Constitution; Freedom of Speech is. Yet in the topsy-turvy world of NJ land use litigation towns can now exclude activities specifically protected by the First Amendment but they must accept a trailer park on every block?
Yeah, that makes sense.
Posted at 10:08 by Chris Wysocki
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