DALLAS — Exxxotica, as it turns out, was beaten to the courthouse after it was banned from returning to Dallas’ convention center.
Justin "Chino" Salas, the operator of strip club periodical Gentlemen's Texas Magazine and Exxxotica vendor, sued the city in Dallas federal court yesterday several weeks after the mayor and City Council members 86’d the porn expo from future events at the municipal facility.
Salas said that his 1st and 14th Amendment rights constitutional rights were violated when the council voted 8-7 on Feb. 10 to ban the Exxxotica as an impermissible use of a public facility under City Code.
Mayor Mike Rawlins introduced the resolution, saying he did not believe Exxxotica, which held a previous event at the convention center in November, was "good for our city's brand" and that it shouldn’t be held at a city property.
Suing as a private citizen and sponsor of an Exxxotica booth, Salas beat the event's organizers to the federal courthouse to sue the city. Exxxotica is not a party to the suit.
Salas contends in the suit that city leaders ignored the advice of its city attorney when it banned a Exxxotica from returning the convention center.
According to the suit, the city attorney told council before the vote that the 1st Amendment allows Exxxotica to use the public facility and that the city's sexual-oriented business ordinance does not apply because Exxxotica is a temporary event and not a fixed business.
“The 2015 Exxxotica exposition was a huge success,” Salas’ suit said. “It was an economic boon to the city, the convention center and local merchants and businesses. Moreover, the exposition was free of any criminal activity or obscenity.
“Based on the positive results of the 2015 show, city officials extended an invitation for Exxxotica to return to the Convention Center in 2016, tentatively May 20-22.
But “Mayor Rawlings did not want Exxxotica to reprise its successful 2015 campaign. On or about February, 2016, Rawlings directed the City Attorney draft a City Council resolution denying Three Expo Events LLC access to the convention center. This is true despite informing previously the City Council that the 1st Amendment afforded Exxxotica protection as constitutionally safeguarded speech.
“The resolution ran afoul of the convention center’s executive director’s approval for Exxxotica’s return to the facility.”