A federal judge on Thursday rejected a Long Island strip club owner’s request to reopen in spite of Gov. Andrew Cuomo’s coronavirus shutdown — which he claims has stripped him of his constitutional rights and battered his business.
U.S. District Judge Allyne Ross denied Sean McCarthy’s motion for a preliminary injunction, which would have allowed him to open Blush Gentleman’s Club in Commack while his lawsuit is argued in court.
“Because plaintiffs have failed to demonstrate a likelihood of success on the merits on any of their claims, the motion is denied,” Ross wrote in her decision.
McCarthy filed suit against Cuomo last month over his executive orders shuttering non-essential businesses amid the pandemic.
McCarthy claims the governor’s orders “constituted a breach of constitutional duty” and caused him “immediate and irreparable harm and actual and undue hardship.”
In her decision, Ross wrote that the causes of action against Cuomo “appear to be based on a fundamental misunderstandings of law.”
The executive orders do not violate McCarthy’s First Amendment rights, because they are “content neutral” and don’t intentionally target “businesses that involve an ‘alternative lifestyle’ or ‘adult dancing,’” Ross wrote.
The jiggle joint boss is also taking the U.S. Small Business Administration to court for denying federal coronavirus stimulus money to his and other strip clubs, because sex-related businesses are excluded from the relief.
Ross wrote her court “does not have subject matter jurisdiction over the claims” brought against the feds and the SBA.
“While I will consider any arguments the plaintiffs put forward in response to the motions to dismiss, plaintiffs may be well-advised to voluntarily withdraw their complaint given the many problems identified in this opinion,” Ross wrote.
McCarthy’s attorney didn’t immediately respond to a request from The Post on Ross’ decision.
