A New York judge dismisses a lawsuit aimed at allowing private, social dancing in restaurants, clubs and bars.

State Supreme Court Justice Michael Stallman upholds a ban on cabarets, despite a first amendment argument.

A group called the Gotham West Coast Swing Club wanted to overturn the city's 80-year-old Prohibition-era cabaret law, saying it unconstitutionally infringed on their right of free expression.

However, according to Stallman, dancing is not constitutionally protected expression and the city has the right to regulate circumstances under which eating and drinking places can let patrons dance.

Norman Siegel, a lawyer for the plaintiffs, says, "We continue to believe that social dancing is expressive activity and should have state constitutional protection."

"We continue to believe the cabaret law is unconstitutional."