Long Island Strip Club Still Can't Reopen, Judge Rules

COMMACK, NY — A federal judge on Thursday denied a Commack strip club owner's request to reopen his business, which has been closed since March 16 due to the coronavirus pandemic.

Sean McCarthy, owner of Blush, filed a lawsuit last month against Gov. Andrew Cuomo and the federal government, arguing his constitutional rights were violated by shutdown orders.

McCarthy filed for a temporary restraining order or preliminary injunction May 26, seeking to reopen his club at 53 Veterans Memorial Highway in the face of Cuomo's March executive order mandating the closure of all nonessential businesses, including strip clubs.

Blush is slated to reopen Wednesday under the third phase of the state's coronavirus reopening plan, Joseph Murray, one of McCarthy's attorneys, said, the New York Post reported. Murray said the motion for a temporary restraining order was no longer necessary as a result of the impending reopening.

McCarthy also argued in his lawsuit that the Small Business Administration discriminated against the club under the Payroll Protection Program due to a policy of denying loans to businesses that provide "live performances of a prurient sexual nature," Newsday reported.

Allyne R. Ross, a United States district judge, denied McCarthy's request for preliminary relief.

"Because plaintiffs have failed to demonstrate a likelihood of success on the merits on any of their claims, the motion is denied," Ross wrote.

Ross said the night club would be "well-advised to voluntarily withdraw their complaint given the many problems identified" in her opinion.

Peter Crusco, one of Blush's attorneys, told Newsday, "We respectfully disagree with the judge, are considering our options, and plan to proceed with the case."

McCarthy said in the lawsuit he has since suffered "catastrophic financial losses."

McCarthy said Cuomo's orders "constituted a breach of constitutional duty" and caused him "immediate and irreparable harm and actual and undue hardship," the New York Post reported.

McCarthy's lawsuit alleged 11 causes of action, according to Ross. Nine were brought against Cuomo, as the plaintiffs argue the governor violated constitutional rights protecting against unreasonable seizures, the freedoms of speech and assembly, the Fifth Amendment's takings clause, and due process and equal protection clauses under the Fourteenth Amendment.

"Each of plaintiffs’ nine causes of action against Governor Cuomo appear to be based on
fundamental misunderstandings of the law," Ross wrote.

"We do believe that the Governor has engaged in an overly broad, over inclusive, overly restrictive infringement of our fundamental rights," Murray said, according to the Post.

Cuomo, Suffolk County, the SBA, SBA Administrator Jovita Carranza, United States Secretary of Treasury Steven Mnuchin and the United States were all named in the lawsuit.