Exxxotica, Dallas Face Off in Federal Court

Exxxotica, Dallas Face Off in Federal Court

DALLAS — Attorneys for Exxxotica and the City of Dallas on Monday squared off at federal court in Dallas over the adult entertainment exhibition’s motion for preliminary injunction.

Exxxotica, which has its sights on a three-day event May 20-22, is seeking approval for an injunction against Dallas, which refused to sign a new contract at the municipal convention center for the event.

Today, U.S. District Judge Sidney A Fitzwater heard 1 hour, 20 minutes of proceedings before opposing sides and will follow up with a written order on the motion.

The proceedings included attorney appearances from Exxxotica counsel Roger Albright and J. Michael Murray, along with lawyers for the City of Dallas — Thomas Brandt, Scott Bergthold, Prerak Shah and Will Thompson.

Dallas’ argument in today’s proceedings focused on claims that the convention center is not a public forum and that the city can grant and deny access to the venue as it sees fit to further its commercial interests.

The city’s attorneys also claim that city officials said they found evidence of public lewdness at its first and last event at the convention center in August.

Further, Dallas’ lawyers said that the city is justified in refusing to continue to do business with Exxxotica based on its “unlicensed operation” as a sexually oriented business.  Attorneys for the city claim Exxxotica should be banned from the convention center by statute, because the hall is less than 1,000 feet from a school.

The city also claims that Exxxotica doesn't have "clean hands" with the motion for a preliminary injunction because ownership of the event had included numerous business names but none were filed with the state.

Handy's lawyers, however, have all along countered that the blacklisting of Exxxotica, amounts to prior restraint and that the convention center is a public forum because the city allows all groups to use it. Further, they said, temporary uses are not subject to the city’s sexually oriented business ordinance.

Albright, just prior to today’s hearing at Dallas federal court, told XBIZ that the city’s argument to put on hold an injunction is flawed.

“No official with either the City of Dallas or the Kay Bailey Convention Center has ever asserted that plaintiff breached its contract,” Albright told XBIZ. “Not during the August convention, not during the city’s post-convention review in September and October, which instead resulted in the Kay Bailey inviting [Exxxotica] back for May and not in the City Council meeting where the resolution was passed. 

The decision to ban Exxxotica was “a resolution not based on breach of contract or failure to be licensed as a sexually oriented business but rather a resolution based on [Exxxotica] planning to conduct a three-day adult event.”

According to the Dallas Observer, Exxxotic’s chief organizer, J. Handy, said if the expo is going to pull off Exxxotica Dallas 2016 with its originally proposed May dates they need a ruling on the temporary injunction from Fitzwater this week.

The Observer noted that Exxxotica could change dates for a Dallas show, but it has no plans to seek out a different Texas city, or a different Dallas venue, to host his expo.

Fitzwater hasn't indicated when he will decide on the motion for preliminary injunction.

Related:  

Copyright © 2024 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

Kazumi Is Twistys' May 'Treat of the Month'

Kazumi is Twistys' Treat of the Month for May and will be highlighted online throughout the month.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

Casey Calvert Wraps Production on 'Spun' for Girlsway

Director Casey Calvert has wrapped production on "Spun," the upcoming feature from Girlsway, starring Chanel Camryn.

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Cherie DeVille, Abigaiil Morris Star in Latest From Brazzers

2023 XBIZ Performer of the Year Cherie DeVille stars with Abigaiil Morris and Alex Jones in "Fuck Around in Her Diner and Find Out," from Brazzers.

Show More