Texas Town Drags Out Attack on Adult Stores

KENNEDALE, Texas — A U.S. District Court in Forth Worth granted Dreamers Video a permanent injunction in March 2005 to halt enforcement of Kennedale's regulations on adult businesses, but the city is now appealing that ruling in a New Orleans court.

City attorneys are asking the 5th U.S. Circuit Court of Appeals to let Kennedale enforce its adult entertainment ordinance, despite the fact that the city failed in the lower court to prove that Dreamers blights surrounding neighborhoods.

Michael Ware, Dreamers' attorney, says the city will face the same problem in its appeal that it did in district court — namely, that its evidence of blight is based on studies of adult businesses with video arcades and nude dancing on the premises, while Dreamers merely sells and rents DVDs for off-premises use.

"The secondary effects that apply to on-premises sexually oriented businesses do not necessarily apply to off-premises," Ware said.

Ware also pointed out that the presiding district court judge’s opinion criticized the city's studies as having "shoddy data or reasoning."

The case has several underlying layers.

Soon after its victory in district court, Dreamers asked the presiding judge to force Kennedale to pick up the tab for its legal fees, which it claims totaled more than $200,000. The city disputed both the request and the dollar amount, and the judge denied the request.

But Dreamers appealed to the Texas attorney general, which said Dreamers has a right to a court hearing on the issue of legal costs. A date has not been set for the hearing, and the city is challenging the attorney general’s opinion.

Beginning in 2002, Kennedale Mayor Jim Norwood, a pastor at a local church, started a protracted campaign to rid the city of its adult businesses, which has resulted in the closure of two stores and the relocation of a third. A fourth store initially agreed to cease operations but stayed open after adding merchandise that it says excludes it from the adult entertainment law.

But all five Kennedale adult businesses sued the city in federal court to block enforcement of the ordinance, and city officials estimate that fighting the lawsuits has cost the city in excess of $300,000.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Magic Silk Debuts 'Wisteria Mist' Collection

Magic Silk has introduced its new Wisteria Mist line of lingerie.

Orion Expands 'Beau Coeur' Collection

Orion Wholesale has introduced three new pleasure products from its Beau Coeur collection.

PinkCherry Launches 'Scream Your Own Name' Campaign

PinkCherry has launched its Scream Your Own Name promotional campaign.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Orion Expands 'Cottelli Fantasy' Line

Orion Wholesale has added six new lingerie sets to its Cottelli Fantasy collection.

Je Joue to Debut Expanded 'ILY' Collection at EroSpain

Je Joue will introduce several new products from its ILY collection at the EroSpain trade show next month in Barcelona.

Magic Silk Debuts 'Daffodil Dreams' Collection

Magic Silk has introduced its new Daffodil Dreams line of lingerie.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Show More