Since 1997, Houston has spent nearly half a million dollars fighting to keep a controversial ordinance that restricts how closely sexually orientated businesses can be located to residential areas, schools, churches and day care centers. Now the city wants to spend another $40,000 to keep the ordinance on their books - even though it hasn't been enforced in five years after a judge ruled it unconstitutional.
The city has been appealing that decision ever since. Currently, the cases is before the 5th U.S. Circuit Court of Appeals in New Orleans, which is expected to issue a decision in the next couple of months. Both sides have said they will likely appeal whatever decision the appeals court makes.
While the legal battle has continued, more than two dozen additional adult entertainment clubs have opened.
A federal judge ruled the ordinance was unconstitutional after a number of clubs appealed the distance requirement, which was doubled from 750 feet to 1,500 feet in 1997.
A lobbyist for the clubs has proposed dropping the lawsuit if businesses, which existed before 1997, are allowed to remain where they are located.
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