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NOBBY LOBBY, INC. v. CITY OF DALLAS

No. 91-1638.

970 F.2d 82 (1992)

NOBBY LOBBY, INC., a Texas Corporation, d/b/a Fantasyland, Plaintiff-Appellee, and Circus, Circus, Inc., d/b/a Talk of the Town, Intervenor-Plaintiff-Appellee, v. CITY OF DALLAS, and R.E. BARDIN, in both his official and individual capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 1, 1992.

Attorney(s) appearing for the Case

Thomas P. Brandt, Asst. City Atty., Dallas, Tex., for defendants-appellants.

Richard Alan Anderson, Anderson, Bratton & Jagmin, Dallas, Tex., Arthur M. Schwartz and Bradley J. Reich, Denver, Colo., for Nobby Lobby, Inc.

Mike Aranson, Aranson & Shor, and Frank Shor, Dallas, Tex., for Circus, Circus Inc.

Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellants, the City of Dallas and Officer R.E. Bardin (collectively the City), challenge the district court's grant of declaratory and injunctive relief, barring the City from using § 16.01 of the Texas Penal Code to seize video and computer equipment and peep show booths from adult bookstores in Dallas, 767 F.Supp. 801 (N.D.Tex.1991). The City contends...

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