Home > News > Federal Court Sides With City of Dallas' Exxxotica Ban • Bookmark   • Newsletters   • Register Search Options


Federal Court Sides With City of Dallas' Exxxotica Ban

Federal Court Sides With City of Dallas' Exxxotica Ban
Get XBIZ News
Apr 21, 2016 11:00 AM PDT    Text size: 

DALLAS — The City of Dallas can ban the Exxxotica expo from the municipal convention center because it is "both reasonable and viewpoint neutral," a federal judge ruled today.

Exxxotica, which had planned to stage a three-day event at the Kay Bailey Hutchinson Convention Center on May 20-22, was seeking approval for a preliminary injunction against the city, which refused to sign a new contract.

U.S. District Judge Sidney Fitzwater denied Exxxotica’s motion for an injunction, ruling that the convention center is a limited public forum.

"It is rented for commercial purposes. It is not akin to a sidewalk, street or park 'that the public since time immemorial has used for assembly and general communication,'" Fitzwater wrote.

"Instead, the question in this case is whether [Exxxotica] has demonstrated that the convention center is at least a designated public forum, which would place a heavier burden on the city to show that its action did not infringe  [Exxxotica]’s First Amendment rights, or is a limited public forum, which imposes a lower burden."

The judge in his 32-page decision cited evidence of a video that showed acts of public lewdness and evidence of nine men arrested after they responded to ads police posted on a website referring to the event.

"Based on the record developed thus far, the court finds that the city has established that its decision not to contract with [Exxxotica] in 2016 was reasonable in light of the purpose of the convention center," Fitzwater wrote.

"The city could have reasonably believed, having observed what transpired at Exxxotica in 2015, that it would be incongruous with the purpose of the convention center — i.e., to promote the economic development of the city — to host an event that would likely include public lewdness and other conduct that the city's [sexually oriented business] ordinance would permit it to regulate otherwise."

Fitzwater ruled that the City of Dallas was not "actually motivated by a desire to suppress" the plaintiff's viewpoint.

"[Exxxotica] has not presented any evidence that, in voting for the Resolution, city councilmembers were motivated by a desire to suppress [Exxxotica]’s viewpoint," he wrote. "As the city points out in its brief, [Exxxotica] has not clearly articulated any particular viewpoint against which the city could have discriminated."

The State of Texas and the Dallas Citizen's Council filed briefs in support of the City of Dallas in opposition to the motion for preliminary injunction, which was decided upon three days after an 80-minute hearing in Fitzwater’s courtroom.

Exxxotica's attorney, Roger Albright, did not immediately respond to a request for XBIZ comment.  

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Adult Industry Keeps Fighting On

On Nov. 8, we had one of the most momentous — and to political observers, improbable — victories in the history of our industry. We defeated, by popular vote, a purportedly progressive measure... More »

Finding the Right Payment Business Model

One consistency among nearly all paysite owners is that they are creatures of habit. After all, how else could someone tirelessly produce or procure similar content steadily in order to update their commercial... More »

What Payment Plan Suits Your Bottom Line

The most disappointing aspect of merchant processing is having to tell a merchant that all domestic options have been exhausted and that there isn’t a bank in the U.S. willing to open a merchant... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!