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BABY DOLLS TOPLESS SALOONS v. CITY OF DALLAS, TEX.

No. 00-10651.

295 F.3d 471 (2002)

BABY DOLLS TOPLESS SALOONS, INC., doing business as Baby Dolls Saloon-East, Plaintiff-Appellant, Case and Point, Inc., doing business as Bare Facts; MD II Entertainment, Inc., doing business as Fare West; D. Burch, Inc., doing business as Baby Dolls; Mainstage, Inc., doing business as PT's Gentlemen's Club; Club Hospitality, Inc., doing business as Club Lipstick; OGC Restaurants, doing business as Obsessions; Santa Fe Cabaret, LLC, doing business as Santa Fe Cabaret; Dimitri Papathansiou, doing business as Doll's House; Tom K. Lazanas, doing business as Baby G's, doing business as Faces; Allen-Burch, Inc., doing business as the Fare, Intervenor Plaintiffs-Appellants, v. CITY OF DALLAS, TEXAS, Defendant-Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 16, 2002.

Attorney(s) appearing for the Case

Stephen Jeffrey Chapman, Law Offices of Stephen J. Chapman, Dallas, TX, for Case and Point, Inc. and OGC Restaurants.

James Bickford Pinson, Asst. City Atty. (argued), Sangeeta Sharma Kuruppillai, Asst. City Atty., Dallas, TX, for City of Dallas, Tex.

Thomas Craig Sheils, Sheils, Winnubst, Sanford & Bethune, Richardson, TX, for Dimitri Papathansiou, Tom K. Lazanas and Santa Fe Cabaret, LLC.

Steven Hershey Swander (argued), Fort Worth, TX, for Baby Dolls Topless Saloons, Inc., MD II Entertainment, Inc., D. Burch, Inc. and Allen-Burch, Inc.

Charles Joseph Quaid, Quaid & Quaid, Dallas, TX, for MD II Entertainment, Inc., D. Burch, Inc. and Allen-Burch, Inc.

Roger Albright (argued), Dallas, TX, for Mainstage, Inc. and Club Hospitality, Inc.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether the City of Dallas violated certain establishments' First Amendment rights when it amended its City Code to effectively require female performers to wear bikini tops, among other things, in order for those establishments to avoid being classified as sexually oriented business (SOBs), subject, inter alia, to zoning restrictions. Plaintiff and Intervenors (Plaintiffs), operators of those establishments...

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