Appeals Court Won't Rehear Dallas' Bid to Toss Exxxotica Suit (XBIZ)

Read the full article by Rhett Pardon at XBIZ.com

NEW ORLEANS — The 5th U.S. Circuit Court of Appeals yesterday denied a motion to rehear the city of Dallas’ challenge to a suit waged by Exxxotica’s organizers.

Last month, the 5th Circuit found that a federal judge improperly dismissed Exxxotica’s free speech case filed after Dallas banned the show from a city-owned convention center.

The city banned the Exxxotica Dallas show after its 2015 expo drew protests from city officials and church leaders on moral grounds.

Exxxotica holds fan shows throughout metropolises across the U.S., including Denver, Chicago, Miami and Edison, N.J.

Although Dallas' city attorneys office at the time told its city council that banning Exxxotica 2016 might be unconstitutional, city leaders passed a resolution directing the city manager to reject a contract with Exxxotica for the lease of the Dallas Convention Center.

Yesterday, 5th Circuit Judge James Dennis wrote in his order that because “no member of the panel nor judge in regular active service of the court having requested that the court be polled on rehearing en banc, the petition for rehearing en banc is denied.”

Dallas Mayor Mike Rawlings today declined comment to XBIZ on the city’s next step in the case.

As the case goes back to the lower court, Dallas could seek a review of the 5th Circuit’s decision by the U.S. Supreme Court; it also could settle the case with Exxxotica.