Photo by Jan Van Pak

Photo by Jan Van Pak

FROM THE NEW YORK MEGAPHONE

In 1926, at the height of Prohibition, the City of New York passed the cabaret laws in order to stop interracial dancing and “public lewdness.” To this end, the City established a cabaret law that limited dancing by more than three people to specifically licensed venues. The law went unchanged until the 1960s when the City allowed cabarets only in commercial and manufacturing districts. Sound familiar?

These antiquated laws are still on the books and enforced, preventing New Yorkers from dancing to their favorite tunes, whether rocking out to their favorite live band or waltzing in an elegant ballroom to Strauss.

While he was mayor, Rudy Giuliani implemented his “quality of life campaign” which presumably was meant to make NYC a prettier, happier place to live. He tried to cut down on things like graffiti and jumping the subway turnstile. Because the cabaret laws were already on the books (but hadn’t been enforced in years), Giuliani simply beefed up enforcement. As a result, “Guiliani Time” caused a lot of bars and clubs to be fined or closed down. By 2002, of the 4,811 city venues with liquor licenses, only 276 were licensed cabarets where people were allowed to dance. The following year, City Council member Alan Gerson introduced a bill to reform the cabaret laws to the City Council.

However, in 2004 Mayor Michael Bloomberg dropped his proposal to reform the cabaret laws after criticism from the New York Nightlife Association (NYNA). His proposal would have traded the cabaret licenses for a more general “nightlife license” to be required of any venue open past 1 a.m. with noise levels of about 90 decibels. In 2005, Attorney Paul Chevigny and co-counsel Norman Siegel filed a lawsuit on behalf of dancers in New York City asserting that dance is a basic form of human expression and deserves protection under the New York State Constitution’s 1st Amendment. In 2006, Judge Michael Stallman dismissed Chevigny’s lawsuit and, in response, the group called Metropolis in Motion held a dance event outside of Mayor Michael Bloomberg’s house where hundreds of New Yorkers showed that dancing should not be a crime. Presently, 244 licensed cabarets exist citywide.

In spite of losing their battle in court, supporters of dancing have used the issue to rally new supporters and find alternative spaces for dance. The New York City Police Department recently gave the green light to a historic first: The First Annual Dance Parade will take place on May 19 using the highly coveted 5th Avenue parade route from Washington Square Park to 32nd Street. Produced by Dance Parade, Inc., the event aims to raise awareness about the benefits of dance as well as the need to have more venues where dancing is legal. From ballet to tap, each dance style will be showcased on a parade float with a variety of musical genres and DJs. To date, some 40 dance groups representing thousands of New Yorkers have registered.

“Manhattan is becoming more gentrified and even the nightlife strongholds of the East and West Villages are trying to cap their noise, music, bars, dancing, etc.,” says Juile Ziff Sint, a Metropolis in Motion organizer. “But in some of the outer boroughs which are still focusing on development, having legal dancing could help spur development and community. Think — the whole idea behind Mad Hot Ballroom, an actual program that combated violence in inner city neighborhoods with dancing. Ballroom dancing, in fact, which is one of the key constituencies that is being hurt by not having suitable venues because of the cabaret laws.”

The counterpoint to this is the argument that dancing leads to drinking, noise, drugs, and violence. Championing this side of the issue is City Council Speaker Christine Quinn. She also wants clubs to install identification-checking machines to curb underage drinking as well as security cameras.

Please write us and tell us how the cabaret laws have impacted your nightlife experience.



J. Alexander Nixon is the lead singer and guitarist for The Violets and a is a member of The Underground Society of Peaceful Hula Hoopers. Email him at  theviolets@gmail.com