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ASSOCIATION OF CLUB EXECUTIVES v. CITY OF DALLAS

No. 22-10556.

83 F.4th 958 (2023)

ASSOCIATION OF CLUB EXECUTIVES OF DALLAS, INCORPORATED, a Texas non-profit Corporation; Nick's Mainstage Inc Dallas PT's, doing business as PT's Men's Club; Fine Dining Club, Incorporated, a Texas Corporation, doing business as Silver City; TMCD Corporation, a Texas Corporation, doing business as The Men's Club of Dallas; 11000 Reeder, L.L.C., a Texas Limited Liability Company, doing business as Bucks Wild; AVM-AUS, Limited, a Texas limited partnership, doing business as New Fine Arts Shiloh, Plaintiffs-Appellees, v. CITY OF DALLAS, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 12, 2023.

Attorney(s) appearing for the Case

J. Michael Murray, Esq. , Berkman, Gordon, Murray & DeVan, Cleveland, OH, Roger Earl Albright , Latrice Andrews , Thomas Craig Sheils , Sheils Winnubst, P.C., Richardson, TX, for Plaintiffs-Appellees.

Ann Marie Jordan , Jordan Law Office, Frisco, TX, James Bickford Pinson , Assistant City Attorney, City Attorney's Office, for the City of Dallas, Dallas, TX, for Defendant-Appellant.

Joshua Alan Skinner , City Attorney's Office for the City of Arlington, Arlington, TX, for Amid Curiae International Municipal Lawyers Association, Texas Municipal League, Texas City Attorneys Association, City of Arlington, Texas.

Before Wiener, Southwick, and Duncan, Circuit Judges.

"[W]hile the material inside adult bookstores and movie theaters is speech, the consequent sordidness outside is not." City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 445, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002) (Kennedy, J., concurring in the judgment). Communities...

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