Supreme Court Declines to Hear Adult Store Appeal

KENNEDALE, Tx. – The U.S. Supreme Court last week declined to hear adult retailer Dreamer's appeal of a 5th Circuit Court ruling that found "sufficient evidence that a sexually oriented business’ sale or rental of adult materials, even for off-premises use, can affect crime and property values."

Dreamer’s was one of a handful of adult businesses located in a highly visible area near the Kennedale city entrance that local officials having been trying to redevelop. According to a report by the Fort Worth Star-Telegram, Dreamer's and four other sexually-oriented businesses filed federal lawsuits in 2002 to block new city regulations aimed at forcing them out of that area.

According to the report, three of the five businesses have now closed or agreed to close by 2012.

It is a violation of Constitutional rights for a city to completely outlaw adult-oriented businesses, so Kennedale city officials have selected five alternate locations — away from the city entrance — for such businesses. The Dreamer’s case now goes back to U.S. District Judge Terry Means who will decide whether the city’s alternate location choices are sufficient.