Metro reports that the city’s ban on dancing in bars, restaurants and certain clubs is legal, according to the state appeals court. The law was enacted in the prohibition era. The Gotham West Coast Swing Club filed a lawsuit regarding the city’s 80-year-old Cabaret Law stating it illegally infringed on their right of free expression. The appeals court stated that “recreational dancing is not a form of expression protected by the federal or state constitutions.”
Cenk Eryaman, a bartender at Fat Baby on the LES, said they have no cabaret license, though they play "rock and hip-hop on the weekends." He stated, “I don’t know what constitutes dancing, but people shake their assess." Apparently, there aren't a lot of clubs, bars and venues with cabaret licenses, so next time a band complains about the audience not dancing at their show, just tell them you're being a law abiding citizen.
The Village Voice has a timeline of the law, and we have a sudden urge to watch Footloose.
