The next time you’re bouncing around a Manhattan nightclub and feeling no pain, you might want to stop and consider that as far as the city is concerned, dancing is a privilege and not a right.
In a scenario straight out of Footloose, there’s a tricky law on the books that requires any business serving food or drinks to acquire what’s known as a Cabaret License in order to allow customers to dance. The mandate stems from a 1926 policy introduced by then-mayor Jimmy Walker to help curb what some residents believed to be “altogether too much running wild” in the Jazz Age clubs of the era (it’s also possible that the law was meant to prevent interracial coupling). City officials have regularly enforced the law in the proceeding century, with some clubs even cutting off music—or switching to country—when inspectors arrive unannounced.
Several proprietors have attempted to challenge the law over the years, calling it archaic. In 2014, bar owner and attorney Andrew Muchmore filed a lawsuit in U.S. District Court claiming that the restriction was outdated and obtaining the license was a laborious process. To approve an application, the city’s Department of Consumer affairs has to verify a venue has security cameras; owners have to attend regular board conferences. The cost of the license can range from $300 to $1000, depending on the area’s capacity and, for some unfathomable reason, whether it’s an even or odd year.
Muchmore’s suit is still ongoing in federal court. Some feel it will be an uphill battle due to allegations the city uses the law as a tool to help shut down problematic night spots. For now, Muchmore says his tavern avoids booking musical acts that “would tend to elicit dancing.”
September 15, 2016 – 11:00am