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 © 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

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Kaela Luna Makes Her TransAngels Debut

Kaela Luna has made her TransAngles debut alongside Parker Savage and Harrison Feels in “Jackhammering Kaela.”

Adult Time Marks April Fool's Day With 5 Satirical Releases

Adult Time is marking April Fool’s Day with the release of satirical scenes from five of its series.

Show More