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 © 2025 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

Liberator Names Lindsay Hargis Manager of Affiliate, Influencer and Strategic Partnerships

Liberator has appointed Lindsay Hargis as its new manager of affiliate, influencer and strategic partnerships.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

Hankey's Toys Releases 'Roxas Caelum' Dildo

The Roxas Caelum dildo from Mr. Hankey's Toys has been unveiled.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Ghettoff Founder Nefertiti Mitchell Passes Away

Nefertiti "Neff" Mitchell, founder and CEO of adult retail store Ghettof, has passed away.

Nobü Adds to 'Essentials' Collection

Nobü is expanding its Essentials collection with three new pleasure products.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Orion Debuts 'Skull Masturbator' From Rebel Line

Orion Wholesale has released the Skull Masturbator from its Rebel collection.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Show More