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RCI ENTERTAINMENT v. CITY OF SAN ANTONIO

No. 04-11-00045-CV.

373 S.W.3d 589 (2012)

RCI ENTERTAINMENT (SAN ANTONIO), INC. d/b/a XTC Cabaret; and Players Club, LLC d/b/a Players Club a/k/a Paradise Gentlemen's Club; Appellants v. CITY OF SAN ANTONIO, Appellee.

Court of Appeals of Texas, San Antonio.

February 8, 2012.

Attorney(s) appearing for the Case

James O. Deegear, III , Deegear and Matthews, PLLC, Alamo Heights, TX, Michelle Matthews-Kasson , Law Office of James O. Deegear, III, San Antonio, TX, for Appellants.

Savita Rai , Office of the City Attorney, Prosecution Division, William M. McKamie , McKamie Kruger, LLP, San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from a permanent injunction and declaratory judgment adverse to the appellants. We conclude the ordinance is not preempted by or inconsistent with the Texas Penal Code or the Texas Business and Commerce Code, and is not an unconstitutional restraint on freedom of expression. However, because the injunction is overly broad in scope, we reverse in part and remand.

THE ORDINANCE

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