Have you ever cut loose and kicked off your Sunday shoes at a club in New York City? Unless that establishment had a Cabaret License (only 118 out of more than 25,000 do), you were breaking the law. That’s right. According to New York City law:

The City licenses bars, clubs, taverns, and discos that allow dancing. A place that is open to the public and sells food or drinks must have a Cabaret License to allow customers to dance.

This law started in 1926 during Prohibition when city officials targeted African American jazz establishments. When it was first introduced, there were several other regulations that targeted other bastions of African American culture at the time, including banning saxophones and bands with more than three members. While these other parts of the law have been repealed or found to be unconstitutional, the ban on dancing still remains. With clubs already subjected to safety regulations like fire hazards and noise violations, the Cabaret License requirement seems to serve no purpose.

.@FrankieFatGold explains NYC’s Cabaret Law & why it needs to be repealed! Let’s dance in protest tomorrow → https://t.co/rt7zEh2Acz pic.twitter.com/1lnDQJTOiZ

— BOILER ROOM (@boilerroomtv) May 10, 2017

A petition on change.org has recently been gaining traction. The petitioners, the Dance Liberation Network, are aiming to get 5,000 signatures to present to the New York City Council, with the goal of getting the law repealed once and for all.

The Cabaret License requires proprietors to install security cameras, appear before the community board, and pay anywhere from $270 to $535. Once the license is acquired, club owners must follow the law or risk paying $1,000 per violation. Its intent is to keep patrons safe, but with other existing laws in place, this “no dancing” ban seems superfluous. Coupled with its inherently racist roots, the law is likely on its way out.

Or is it?

The law had a revival during Mayor Rudy Giuliani’s tenure, and was used to crack down on different bars and night clubs. But not without protests. In 2000, protesters participated in the “Million Mambo March” where they danced all the way from Tompkins Square Park to Washington Square Park in an effort to bring awareness to the law.

via GIPHY

In 2003 Mayor Michael Bloomberg attempted to change the Cabaret Laws to Nightlife Licences that had more logical applications. Rather than curbing dancing and saxophones (truly the Devil’s pastimes, let’s be real), the Nightlife Licences would aim to regulate noise and unruly crowds. Unfortunately, this measure was struck down.

In 2014 Brooklyn bar owner Andrew Muchmore filed a lawsuit after he was fined for having people dancing in his bar. Muchmore contends that these laws go against the First Amendment and the Fourteenth’s promise that no state shall, “deprive any person of life, liberty, or property, without due process of law.”  

Muchmore also felt that the ambiguity of what dancing really is can be confusing. Could he be fined if his patrons accidentally started tapping their toes to the jukebox? What about an accidental shake of the hips as you wait at the bar? Standing on a table proclaiming loyalty to La Vie Boheme? The legal definition of dancing is vague, and it is unfair for bar owners.

via GIPHY

Now the law is once again being challenged. By getting enough signatures, the Dance Liberation Network hopes that the New York City Council will once and for all overturn this law and let the people of New York City dance.

Anne Grae Martin

Anne Grae Martin is a member of the class of 2017 University of Delaware. She is majoring in English Professional Writing and minoring in French and Spanish. When she’s not writing for Law Street, Anne Grae loves doing yoga, cooking, and correcting her friends’ grammar mistakes. Contact Anne Grae at staff@LawStreetMedia.com.

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On Tuesday, a new Georgia gun law went into effect, despite 70 percent of Georgians disagreeing with the law. The law is officially called the Safe Carry Protection Act, but is better known as the “Guns Everywhere” law. Sadly, its nickname is only a slight exaggeration.

So what exactly is this new law, and what’s in it that’s so controversial? Well here are the highlights:

1)   Those who have a license to carry a concealed weapon can take guns into places of business including, restaurants and bars, although these businesses can technically opt out.

2)   School officials and appointed staff members can carry guns in schools and religious leaders can allow guns in their places’ of worship.

3)   Guns can be carried up until the security checkpoint in the airport.

4)   Guns can be carried into government buildings that do not have metal detectors, with the exception of the Georgia Capitol Building.

5)   No individual, including a police officer, can ask to see a person’s permit to carry unless they have cause.

Let’s walk through this incredibly far-reaching law’s many problems. First of all, restaurant and bar owners are very concerned about how this law will affect business. Many bar owners have come to the very logical conclusion that providing alcohol to someone who is carrying a gun is not a bright idea. But in order to opt out of this law, bar owners must place an official sign outside the restaurant saying guns are not allowed. This makes owners concerned that gun rights groups may protest their business if they ban guns. Alice Johnson, the director of Georgians for Gun Safety, says, “bar owners will be targeted for boycotts and all kinds of public relations problems.” She also believes that bars will face lawsuits for not allowing guns. Georgia’s bars are stuck between a rock and a hard place. They can either serve people with guns alcohol, or risk losing business.

But my favorite logical fallacy of this law is the fact that you cannot ask to see a person’s permit to carry a concealed weapon without cause. This means a person must be doing something suspicious for even the police to demand to see a permit. I could go buy a gun and carry it around with me in Georgia and as long as I don’t do anything ridiculously stupid, like wave my gun in someone’s face, the police would not be able to ask for my permit to carry. This is effectively an “anyone can carry a concealed weapon if you aren’t a moron” law. Of course, if you are a moron or an actual dangerous person, by the time you commit said suspicious activity that will allow cause, the damage will most likely already be done. A man has already drawn his weapon in a shop after a fellow customer asked to see his permit.

There is so much more stupidity in this law that I could discuss, but I think you get the picture. So, I am going to move on the political aspects of this law. There is speculation that this bill was put to a vote to get Jason Carter, the Democratic challenger for governor, to vote against a gun rights bill. Carter did not take the bait, and voted with the overwhelming majority of the legislature to pass the bill. This meant that current Republican Governor Nathan Deal had to sign it, or appear to be less pro-gun than his Democratic challenger. The bill was voted down three times before it got passed, lending some credence to this theory. So there you have it, this new gun law may exist just because of a political game of chicken.

Seventy percent of Georgians being against a law that expands gun rights is almost unfathomable, unless of course, the law goes way too far. Let’s face it, that’s exactly what’s happening in Georgia right now.

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Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Boris van Hoytema via Flickr]

Matt DeWilde

Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

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