New York's adults stores have so far fought a losing battle in their defence against the moralists censors of the local authority.
After losing a 20-year legal battle with the city in June that outlawed most of the remaining XXX stores, business owners are hoping to bring their case to the Supreme Court.
Erica Dubno, an attorney who has represented the industry in its long fight against the city, said she plans to submit an appeal by the end of the year. She estimates the court will decide early next year whether to review the case. Dubno
acknowledged the industry's chances are slim. The Supreme Court receives about 7,500 review requests each year and usually hears about 80 cases.
The city has agreed to hold off enforcing the ban until after the Supreme Court decides whether to hear the case.
Up until now the stores have been trying to evade controls on sex shops by stocking a large proportion of non sex items and then hoping to fly under the regulation radar as general stores.