Man, this has been going on for so long I’d forgotten that it was still pending.
City of Houston attorneys and lawyers for many of the city’s adult businesses both expect a Dec. 4 trial over “distance requirements” for businesses like strip clubs and adult video stores.
In 1997, Houston City Council passed several revisions to city laws governing the adult industry. Several of those controversial issues have since been resolved. But the city law requiring sexually oriented businesses to be at least 1,500 feet away from a school, church, daycare, park or residential area has faced repeated court challenges and has never been enforced.
The U.S. Fifth Circuit Court of Appeals sent the issue back to the trial court for a final resolution.
Judge Nancy Atlas’ decision could maintain the “status quo” in Houston, if she sides with strip club owners who have argued that the city’s 1,500-foot rule is “unconstitutional.” The judge could also force dozens of adult businesses in the city to close or change their trade if she sides with the city.
This week, City Council could vote on another $130,000 in attorneys fees to get the city through the trial. That would bring the total tab for defending the sexually oriented business law to nearly $600,000.
The last update that I knew about for this story was over three years ago, when Council again voted to spend more money defending the suit. That was before the Fifth Circuit sent it back to the trial court. I still think this sucker should have been settled ages ago, and that the new distance requirement, which was to shut most of the city’s sexually oriented businesses down, was wrongheaded and deserved to be thrown out in court. I’d be willing to bet that the city has taken in far more in taxes and fees from the various strip clubs since 1997 than it has spent to defend this lawsuit. Wherever you are, Helen Huey, I hope you’re satisfied with the mess you’ve made.