943 F. Supp. 2d 706
W.D. Tex.2013Background
- City of San Antonio amended ordinance to regulate exotic dancers via licensing, background checks, and wristlet IDs in order to curb perceived secondary effects; plaintiffs operate adult venues and seek First Amendment protection for semi-nude/erotic dance; prior 2005 SOB regime and 2012 amendments shift dancers to bikini tops to avoid SOB licensing; state appellate court in RCI Entm’t found nudity/semi-nudity bans address secondary effects and are content-neutral; district court held bikini-top requirement not to be a First Amendment violation and denied preliminary injunction; appendix discusses extensive secondary effects studies and legislative records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bikini-top rule is permissible time-place-manner regulation | RCI entitles broader First Amendment protection | ordinance targets secondary effects and is content-neutral | Not a successful First Amendment challenge; regulation upheld |
| Likelihood of success on merits given precedent | Plaintiffs will prevail per precedent protecting expressive conduct | Baby Dolls supports regulation; no merit loss | Plaintiffs fail to show substantial likelihood of success |
| Irreparable harm and public interest | Loss of First Amendment rights constitutes irreparable harm | City evidence shows negative secondary effects; public interests weighed | Injury outweighed by public interest; injunction denied |
Key Cases Cited
- Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002) (content-neutral time, place, and manner regulation to curb secondary effects upheld)
- RCI Entm’t, Inc. v. City of San Antonio, 373 S.W.3d 589 (Tex.App.-San Antonio 2012) (ordinance regulating nudity/semi-nudity addresses secondary effects; intermediate scrutiny applied)
- Erie v. Pap’s A.M., 529 U.S. 277 (U.S. 2000) (content-neutral regulation of nude dancing; substantial secondary effects justification)
- Renton v. Playtime Theatres, Inc., 475 U.S. 41 (U.S. 1986) (tests for content-neutral time, place, and manner restrictions; secondary effects doctrine)
- Daniels Health Scis., L.L.C. v. Vascular Health Sciences, L.L.C., 710 F.3d 579 (5th Cir. 2013) (four-factor test for preliminary injunctions; standard of review)