Dallas Won't Enforce New Hours for Sexually Oriented Businesses for At Least Another Month

As Dallas officials worked to restrict hours for sexually oriented businesses, people in the industry warned the move would spark a lawsuit. Just hours after the City Council unanimously passed an ordinance closing the businesses from 2 a.m.-6 a.m. last month, the city was sued. Now, a judge has bought a little more time for the businesses and their employees, who say the new rules threaten their livelihood.

The Dallas Police Department and several city council members said the businesses were responsible for a rise in crime during those hours, draining city and police resources.

The ordinance said the new hours would take place immediately, but the litigation has stalled its enforcement. This week, a judge ordered the city to provide evidence linking the sexually oriented businesses to crime. Both parties agreed it would take about a month to gather the evidence, and the city said it won’t enforce the new hours until then.

The suit was filed by the Dallas Association of Club Executives, the members of which have repeatedly spoken out about the proposed hours of operation. The businesses named in the suit include four strip clubs and one 24-hour adult store that sells lingerie and other novelty items.

Roger Albright, an attorney representing the Dallas Association of Club Executives, told City Council members in November that they would lose in court because the ordinance is content based.

A judge initially denied a temporary restraining order on the ordinance because enforcement wouldn’t be allowed until a preliminary injunction hearing this week.

After that decision, city officials said in a statement to WFAA, “The City Attorney’s Office will continue to vigorously defend the ordinance amendment and looks forward to presenting evidence and argument at the next hearing.”

Now, the judge is asking for more information about the DPD data supporting slicing the clubs' hours of operation.

Dallas Police showed city officials data that suggested crime and the number of service calls were higher near sexually oriented businesses between 2 a.m. and 6 a.m. But the data also included statistics within a 500-foot radius of the businesses. Some have suggested this could have swayed the data.

Dozens of people in the industry turned out to City Hall to oppose the ordinance on the day of the vote. Many said working at sexually oriented businesses provides them the income and flexibility they need that other jobs may not be able to provide.

One employee named Kathleen told the City Council that her earnings have helped her start her own businesses, a dog boutique.

She said they’re also working on opening up a dog hotel. She also watches over and financially supports her disabled mother. “This business just allows me to run my business during the day and come in at night and be able to still take care of my family,” she said. “We’re not criminals. We’re just trying to make a living without breaking any laws.”

If the new hours are enforced, violators could have their licenses suspended for up to 30 days. They could also get stuck with a fine up to $4,000 and a year-long jail sentence.