KENNEDALE, Texas - The city has appealed a federal judge's ruling that Kennedale failed to prove that an adult video store blights surrounding neighborhoods.
The ruling by Judge Terry Means of the U.S. District Court in Fort Worth blocked a city ordinance intended to force adult businesses to leave Kennedale's main entrance at Interstate 20 and Business 287.
City attorneys have asked the 5th U.S. Circuit Court of Appeals in New Orleans to overturn the ruling, which has enabled Dreamers video store to continue operating.
"We believe our ordinance is solid, and we believe we will ultimately prevail in the appeals court," said City Manager David Miller.
Dreamers' attorney, Michael Ware of Fort Worth, said the city's evidence of blight includes studies of video arcades, topless bars and other adult businesses where customers remain on the premises. Dreamers customers rent or buy material for off-premises use.
"The secondary effects that apply to on-premises sexually oriented businesses do not necessarily apply to off-premises," Ware said.
Ware has asked Means to force the city to pay Dreamers' legal costs of more than $200,000. The city is challenging that request.
City officials also are fighting a Ware attempt to learn how much the city has spent on its own legal costs, figures that could support Dreamers' legal cost estimates.
A judge denied Ware's request, but he is using the Texas Public Information Act to obtain fee records. Kennedale appealed to the Texas attorney general, which agreed partly with Ware.
The city responded by filing a lawsuit challenging the opinion. A court date has not been set.
City Attorney April Virnig said some fee information is privileged because it could reveal legal strategy.
The city has settled lawsuits over the past two years with four other adult businesses near the intersection. City officials estimated early last year that fighting lawsuits filed by the five adult businesses in 2002 had cost about $300,000.
Two of the other adult businesses have closed, and one built a less visible building next to its old one.
A fourth, Log Cabin video and book store, settled its lawsuit with the city but has remained open, contending that it has added other merchandise and is no longer primarily an adult business.
The city is evaluating whether that store meets the ordinance's definition of a sexually oriented business, Virnig said.
