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 © 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

Orion Debuts 'Skull Masturbator' From Rebel Line

Orion Wholesale has released the Skull Masturbator from its Rebel collection.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Leilani Li Fronts Latest From Brazzers

Leilani Li stars with Jayden Marcos in the latest release from Brazzers, titled "Soap Her Up & Spread That Ass."

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Hailey Rose Stars in Elegant Angel's New Feature 'Gamer Girls Behaving Badly'

Multi-XMAs winner Hailey Rose stars in the new feature from Elegant Angel, titled “Gamer Girls Behaving Badly.”

Brazzers Premieres Limited Comedy Series 'Glory House'

Cubbi Thompson, Kira Noir, Isa Bella, and Luna Star lead the latest release from Brazzers, titled "Glory House."

Blush Launches 'UrSelf' Line

Blush has launched its UrSelf line of pleasure products.

Show More