Federal Court Sides With City of Dallas' Exxxotica Ban

Federal Court Sides With City of Dallas' Exxxotica Ban

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.  

View ruling

Related:  

Copyright © 2026 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 LA Conference Website Goes Live, Registration Now Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Rolls Out 'Aff Companion' Real-Time Mobile Notification App

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Full Circle Expands 'My Buddy' Anal Plug Collection

Full Circle Brands has added three new vibrating anal plugs to its My Buddy line.

ERIKALUST Releases 'Close Up'

Spookie Shelbie and Delfine Dahlia star in the latest release from ERIKALUST, titled “Close Up.”

BMS Factory, Calvista Sign Distro Deal for Australia, New Zealand

Canadian pleasure brand BMS Factory has signed an exclusive deal with Calvista for distribution in Australia and New Zealand.

Lexi Lore Makes Her Vixen Debut

Lexi Lore has made her debut for Vixen Media Group's flagship imprint alongside Parker Ambrose in the studio's latest release.

Nalpac Acquires Holiday Products

Nalpac has acquired Chatsworth, California-based adult distributor Holiday Products, expanding its West Coast presence.Nalpac adds Holiday to its distribution network after previously acquiring Tempe, Arizona-based boutique distributor Entrenue in 2023.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Penthouse Names Madiiitay as October's 'Pet of the Month'

Penthouse Magazine has named Seattle content creator and professional modeling newcomer Madiiitay as Pet of the Month for October.

Show More