On Monday, Tim Rogers posted a lawsuit that several, um, massage parlors -- among them, The Passion, Cleopatra Day Spa and 333 Body Works -- brought against the city of Dallas in which they claim they had their certificates of occupancy yanked without due process. Tim also posted a piece from the January D in which former Observer-er Tom Korosec detailing just how the city's been shutting down these brothels ... pardon, massage parlors.
As it turns out, the city didn't take long to respond to the complaint, in which the "relaxation studios" and "spas" requested a temporary restraining order that would allow them to keep their doors open. You'll find that response after the jump, but, first, an excerpt from Dallas Caty Attorney Tom Perkins's follow-up: "The evidence will show that the certificates of occupancy were revoked because
each application for a certificate of occupancy did not state that the use would be operated as a
massage establishment, nor did the applicant supply a copy of a massage establishment license." Can't imagine why.
Anyway, yesterday, U.S. District Judge Ed Kinkeade denied the plaintiffs request for a TRO and canceled a hearing scheduled for today. The point, he said, is moot.