Cecily Zamora
The New York City Cabaret Law, also known as the No-Dancing Law, was enacted in 1926 during the Harlem Renaissance and Prohibition. It prohibited dancing in all public spaces that sold food and/or drink unless a cabaret license was obtained. This law was repealed in 2017 due to its oppressive nature and negative impact on NYC's nightlife and cultural scene. However, certain zoning restrictions still ban dancing in many areas of the city zoned as residential or mixed-commercial-residential. Additionally, a Cabaret Liquor License is required for businesses with musical entertainment for more than 600 people to serve alcohol.
| Characteristics | Values |
|---|---|
| Name of the law | Cabaret Law, New York City Cabaret Law |
| Year of enactment | 1926 |
| Year of repeal | 2017 |
| Location | New York City |
| Purpose | To prohibit dancing in all public spaces selling food and/or drink unless they had a cabaret license |
| Target | Jazz clubs in Harlem, primarily catering to an African-American audience |
| Number of licenses in 2016 | 118 |
| Number of licensed food service establishments in 2016 | 25,100 |
| Organizations that campaigned for its repeal | Legalize Dancing NYC, Metropolis in Motion, Dance Liberation Network |
| Notable opponents of the law | Dominique Keegan, owner of Alphabet City dance hotspot Plant Bar |
| Notable proponents of the law | Former mayor Rudy Giuliani |
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What You'll Learn
History of the Cabaret Law
The New York City Cabaret Law, also known as the "No Dancing" law, was introduced in 1926 during the Harlem Renaissance under Mayor Jimmy Walker. The law prohibited dancing in all public spaces selling food and/or drink unless they obtained a cabaret license. The Cabaret Law was a dancing ban that required any "public dance hall" or "cabaret" to have a license if music and dancing were permitted while selling food or drink to more than three people.
The law disproportionately affected jazz clubs in Harlem with African-American audiences and was enforced selectively, with critics arguing that it was arbitrary and weaponized against marginalized groups. In 1943, the Cabaret Law was amended to require all New York City musicians to carry a "cabaret card" to perform at bars and clubs. These cards could be revoked or denied renewal at the slightest offence, effectively blacklisting artists from performing in the city.
The Cabaret Law was amended again in 1971 to exempt musical performances by no more than three persons playing specific instruments such as the piano, organ, accordion, or guitar, further affecting jazz music. In the late 1990s, former Mayor Rudy Giuliani resurrected the law to fine and shut down nuisance bars as part of his "quality of life" campaign.
In 2015, Brooklyn attorney and bar owner Andrew Muchmore filed a case against the law, claiming it violated the First and Fourteenth Amendments of the US Constitution. In 2016, the New York City Department of Consumer Affairs reported a low number of cabaret licenses in the city, with only about 118 licenses out of over 25,000 food service establishments. The law faced widespread criticism, and in 2017, a group called the Dance Liberation Network successfully petitioned to have it repealed. On November 2, 2017, the 91-year-old law was officially removed, allowing New Yorkers to dance freely while preserving important safety measures.
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Cabaret Law repeal
The New York City Cabaret Law, also known as the "No-Dancing Law", was repealed in 2017 after a long and controversial history.
The law was first enacted in 1926 during the Harlem Renaissance, an era of flourishing jazz music and popular public nightclubs. The Cabaret Law prohibited dancing in all public spaces selling food and/or drink unless they obtained a cabaret license. Over the years, various amendments were made, including the Three Musicians Rule, which banned groups of more than three musicians from playing in venues without a license. The law also restricted unlicensed venues from hosting musicians playing instruments associated with jazz, such as the saxophone.
The Cabaret Law was selectively enforced and often used to target marginalized groups, including the LGBTQ+ community, people of colour, and jazz musicians. Critics argued that the license was expensive and difficult to obtain, requiring extensive financial records, zoning, surveillance, and security measures. The process of obtaining a license was cumbersome and, as a result, only about 1% of New York City's food service establishments had a cabaret license at the time of the repeal.
The movement to repeal the Cabaret Law gained momentum in the early 2000s with organizations like Legalize Dancing NYC and Metropolis in Motion raising awareness and working on legal efforts for repeal. In 2017, the Dance Liberation Network was formed, and they started the 'Let NYC Dance' movement, campaigning for the law's repeal. That same year, New York City Councilmember Rafael Espinal introduced a bill for the full repeal of the regulation, which was passed by a significant majority on October 31, 2017.
While the Cabaret Law has been repealed, it is important to note that under the City's Zoning Resolution, dancing is still banned in many areas zoned as residential or mixed-commercial-residential. Additionally, a Cabaret Liquor License, issued by the New York State Liquor Authority, is required for businesses with musical entertainment for more than 600 people to serve alcohol.
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Cabaret Law enforcement
The enforcement of the Cabaret Law has been criticized for its selective nature and impact on marginalized communities. Former Mayor Rudy Giuliani is known for his stringent enforcement of the law in the 1990s as part of his "broken windows" policing strategy. Giuliani's administration targeted establishments without official cabaret licenses, fining and shutting down perceived nuisance bars. Critics argue that the license was expensive and challenging to obtain, with stringent requirements, including extensive financial records, zoning, surveillance, physical security, and health standards.
The law also faced opposition due to its potential for prejudicial enforcement. While it was initially intended to regulate speakeasies during Prohibition, critics argue that it has been used to target Harlem jazz clubs and suppress black, brown, and queer musicians and scenes, particularly in clubs catering to African-American audiences. The selective enforcement of the law enabled authorities to arbitrarily issue fines and disrupt businesses.
In recent years, efforts to repeal the Cabaret Law gained momentum. Groups like Legalize Dancing NYC, Metropolis in Motion, and Dance Liberation Network campaigned to raise public awareness and lobbied for legislative change. Their efforts, along with legal challenges, resulted in the introduction of a repeal bill by Councilmember Rafael Espinal in 2017. The bill passed with overwhelming support, and the Cabaret Law was officially repealed on November 2, 2017.
It is worth noting that while the specific Cabaret Law has been repealed, there are still relevant licensing requirements for businesses. For instance, businesses with musical entertainment for more than 600 people must obtain a Cabaret Liquor License from the New York State Liquor Authority (NYSLA) to serve alcohol. Additionally, under the City's Zoning Resolution, dancing remains prohibited in areas zoned as residential or mixed-commercial-residential.
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Cabaret Law criticism
The New York City Cabaret Law, enacted in 1926, was a dancing ban that prohibited "musical entertainment, singing, dancing or other forms of amusement" in public spaces selling food and/or drink without a license. This law faced significant criticism and was eventually repealed in 2017.
One of the main criticisms of the Cabaret Law was its discriminatory enforcement. Critics argued that the law was selectively enforced, particularly against venues that catered to marginalized communities, including people of color and the LGBTQ+ community. This discriminatory enforcement was one of the primary reasons for the law's repeal, with Assembly Chair Daniel O'Donnell calling it a "shameful relic of racism in New York City."
The law was also criticized for being expensive and difficult to obtain. Applicants for a cabaret license had to undergo fingerprinting, provide extensive financial records, meet various zoning, security, and health requirements, and pay associated fees. As a result, many small businesses and artists were negatively impacted, and the law was seen as a burden on economic growth and nightlife culture in New York City.
In addition to the financial burden, the law was criticized for its arbitrary and uneven enforcement. Critics argued that the enforcement of the law was inconsistent and often targeted specific groups. This led to a sense of uncertainty and fear among business owners, who felt they could be unfairly targeted and penalized.
Furthermore, the Cabaret Law was criticized for its restrictive nature, particularly regarding artistic expression and cultural freedom. The limits on the types of instruments and the number of musicians allowed were ruled unconstitutional, and the law was seen as disproportionately affecting certain genres of music, such as jazz.
The law's impact on social dancing, a significant part of New York City's cultural fabric, was also a point of criticism. The requirement for a permit to dance was seen as outdated and unnecessary, with Councilman Antonio Reynoso stating that it was a "backward rule of a backward era."
The Cabaret Law faced legal challenges and public protests over the years, with organizations like Legalize Dancing NYC and Metropolis in Motion working to raise awareness and advocate for its repeal. The law's problematic nature and discriminatory enforcement ultimately led to its repeal in 2017, with the support of Mayor Bill de Blasio and other city officials.
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Cabaret Liquor License
The New York City Cabaret Law, originally enacted in 1926 during the Harlem Renaissance and Prohibition, prohibited dancing, singing, and musical entertainment in all spaces open to the public that sold food and/or drink unless they obtained a cabaret license. This law was repealed in 2017, but there are still some relevant considerations for businesses and performers.
Firstly, while the specific Cabaret Law is no longer in force, there are still zoning regulations in New York City that ban dancing in areas zoned as residential or mixed-commercial-residential. These zoning restrictions should be consulted before engaging in or providing public entertainment that includes dancing.
Secondly, the repeal of the Cabaret Law does not affect the regulation of dancing by the New York State Liquor Authority. Businesses with musical entertainment for more than 600 people must have a Cabaret Liquor License to serve alcohol. This license is issued by the New York State Liquor Authority (NYSLA) and requires compliance with various security, surveillance, and physical requirements.
The process of obtaining a Cabaret Liquor License can be complex and costly, as applicants must meet specific zoning, surveillance, physical security, fire, building, electrical, health, and record-keeping requirements. They must also provide extensive financial records and fingerprinting for all applicants. The high costs and challenging requirements of the Cabaret Liquor License may impact smaller businesses or performance venues, potentially limiting opportunities for expression and assembly.
The Cabaret Law and its associated licensing requirements have been criticised for their prejudicial history and potential for discriminatory enforcement. Critics argue that the law was used to target Harlem jazz clubs and suppress black, brown, and queer musicians and scenes. Even after the repeal of the law, there are concerns that enforcement agencies may continue to use licensing regulations to gain entry and disrupt gatherings in DIY, LGBTQ, Latino, black, and artist spaces.
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Frequently asked questions
No, the Cabaret Law was repealed in 2017.
The Cabaret Law was a dancing ban originally enacted in 1926 during the Harlem Renaissance and Prohibition. It prohibited dancing in all New York City spaces open to the public selling food and/or drink unless they had obtained a cabaret license.
The Cabaret Law was criticised for being expensive and difficult to obtain. It was also enforced selectively and arbitrarily, often against marginalised groups. It is believed that the law targeted jazz clubs in Harlem and the social mixing of races.
Yes, there were several efforts to repeal the Cabaret Law, including Legalize Dancing NYC in the early 2000s and Metropolis in Motion later that decade. In 2015, Brooklyn attorney and bar owner Andrew Muchmore filed a case in the United States District Court for the Eastern District of New York, claiming the law violated the First and Fourteenth Amendments of the US Constitution.
While the Cabaret Law has been repealed, under the City's Zoning Resolution, dancing is still banned in many areas of the city zoned as residential or mixed-commercial-residential. Additionally, businesses with musical entertainment for more than 600 people must have a Cabaret Liquor License to serve alcohol.
