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Borough of Sayreville v. 35 Club, L.L.C. No. A-66-10 (N.J. Jan. 19, 2012)
From the Opinion Syllabus:
The question in this appeal is whether a court may consider, as part of its determination of an as-applied challenge to the State’s statute limiting the places where sexually-oriented businesses may operate, the availability of alternative channels of communication that are located in another state.
. . .
HELD: In evaluating the adequacy of alternative channels of communication when deciding an as-applied constitutional challenge to the State’s statute limiting the places where sexually-oriented businesses may operate, trial courts are not precluded from considering the existence of sites that are located outside of New Jersey but that are found within the relevant market area as defined by the parties’ experts.