Supreme Court Declines to Hear Dallas Sexually Oriented Business Suit but Case Continues

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Sexually oriented businesses and the city have battled over a curfew passed in 2022. This decision marks a small loss for the businesses, but not a total defeat.

For the last few months, the city of Dallas has forced sexually oriented businesses to shut down between 2 a.m. and 6 a.m. while a legal battle over the curfew plays out. Last December, lawyers suing the city over the rule tried to get the case taken up by the U.S. Supreme Court.

Meanwhile, the city argues that these establishments, particularly during those early morning hours, are linked to incidences of violent crime and are a drain on police and fire department resources. The district court initially sided with the businesses, saying Dallas didn’t have the facts to back up the claim that sexually oriented establishments are tied to violent crime between 2 a.m. and 6 a.m. However, the U.S.

Lawyers for the sexually oriented businesses say DPD’s crime data is skewed because it includes crime from within a 500-foot radius of the establishments, and doesn’t account for other businesses that are also open during the early morning hours. They argue that is why the district court ruled in favor of the sexually oriented businesses, adding that the ordinance compromised the business operators' protected speech.

Albright said the U.S. Supreme Court decision was not unexpected. Now, he said, the legal battle goes back to district court where a trial date will be set. “The fight is not over,” he said. , it has been defined as the free, independent voice of Dallas, and we'd like to keep it that way. Your membership allows us to continue offering readers access to our incisive coverage of local news, food, and culture with no paywalls.

 

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