Judge Rules Ban on Advertising LIVE Music Unconstitutional

A win for local bars and establishments who host LIVE musical performances.

New York State Supreme Court Justice Frank Sedita has ruled the state's ban on advertising for and selling tickets to live music performances is unconstitutional.

In mid-August, bars, restaurants, breweries, wineries and others licensed to sell alcohol to patrons were sent a letter reminding them they could only provided ''incidental'' music. It could be a live performance, but it couldn't be advertised in advance.

Basically, it couldn't be the reason or the 'draw' that brought someone in to your place of business.

...''non-ticketed, unadvertised performances that accompany and are incidental to a dining experience; i.e., patrons have come to dine, and the music provided is incidental to the dining experience. Performers must be 12 foot separate from patrons.

This is the only form of permissible live entertainment. Any other type of event (concerts, dance, comedy, etc.) is not incidental and is therefore impermissible at this time for health and safety reasons. Performing arts guidance has not yet been issued by the Department of Health.''

“The state agreed that we could advertise so-called background music, but…our position was that it was an impediment of free speech because it’s content-based. Secondly, we’re already bound by all the safety and capacity regulations, so it doesn’t matter how people come to the establishment.”