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

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Lulu Chu, Skyla Sun Topline Latest 'Please Make Me Lesbian'

Lulu Chu and Skyla Sun headline the 27th volume of "Please Make Me Lesbian," the latest release from Girlfriends Films.

Penthouse Names Lucy Mochi April's 'Pet of the Month'

Penthouse Magazine has named Lucy Mochi as Pet of the Month for April.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Maitland Ward Featured in HBO Max Docuseries 'Hollywood Demons'

Multi-XMAs winner Maitland Ward is spotlighted in the HBO Max documentary series “Hollywood Demons.”

OTouch Debuts 'YU-BattleHelm' Vibe Set

OTouch has introduced its YU-BattleHelm couples vibrator set.

Lilith Grace Makes Her Tushy Raw Debut

Lilith Grace has made her debut for Vixen Media Group (VMG) studio imprint Tushy Raw, alongside Alberto Blanco.

Dasha Dime Makes Her TransAngels Debut

Dasha Dime has made her TransAngels debut opposite Eris Jolie in the studio’s latest release, titled “Bimbo Summit.”

Zara Makes Her Blacked Raw Debut

Zara has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash.

Show More