NEW YORK, NY April 04, 2006 —There's been a legal defeat to those who like to dance. A State Supreme Court Justice dismissed a complaint against the City and it's licensing requirments for the so called Cabaret Laws. WNYC's Richard Hake reports.

REPORTER: The cabaret laws were put on the books 80 years ago and make it illegal for more than three people in an establishment to dance unless the bar or club is licensed for it.

Historically, the laws were used to separate classes of people, but today is used mainly for noise and the control of the number of such establishments. The group of club owners, civil rights attorneys and dancing enthusiasts who filed the suit say the law violates free expression.

The judge ruled that the activity is not what is of concern, but the number of people who participate, saying it generates noise and congestion and leads to quality of life issues in certain neighborhoods.

The court upheld the licensing procedures by the Department of Consumer Affairs as well as zoning regulations for clubs where dancing is allowed. For WNYC, I'm Richard Hake.