Dancing Not Protected Form Of Expression; Arthur Murray Weeps

A state appeals court ruled that dancing is more akin to yelling “fire” in a crowded theater:

As you head out this weekend to your trendy nightclubs and fund dive bars, be wary. The city’s ban on social dancing in bars, restaurants and certain clubs is legal, a state appeals court said yesterday.

The state Supreme Court’s Appellate Division ruled 5-0 that the city’s Cabaret Law, which was enacted in the Prohibition era and prohibits social or recreational dancing in all but specially licensed venues, is constitutional.

The Gotham West Coast Swing Club and several people filed a lawsuit complaining that because the city’s 80-year-old Cabaret Law barred them from dancing with other people, it illegally infringed on their right of free expression.

The plaintiffs also contended that the city’s application of zoning laws was arbitrary and capricious and deprived them of due process. They said they should be allowed to dance in any bar or restaurant they want to.

The appeals court disagreed, saying, “Recreational dancing is not a form of expression protected by the federal or state constitutions.”

. . .

Cenk Eryaman, a bartender at Fat Baby on Rivington Street, said though his bar has no cabaret license, it plays rock and hip-hop on the weekends.

“I don’t know what constitutes dancing, but people shake their assess,” he said.