RCI Entertainment (San Antonio), Inc. D/B/A XTC Cabaret v. City of San Antonio
Texas Court of Appeals, 4th District (San Antonio)
1Opinion of the Court
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
In 2005, the City of San Antonio (“the City”) adopted an ordinance, later codified in the City’s Code of Ordinances, that prohibits nudity and semi-nudity in…
2Cases cited23 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
- City of Erie v. Pap's A. M.Supreme Court of the United States · 2000
- Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
- Bentley v. BuntonTexas Supreme Court · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Super Starr International, LLC v. Fresh Tex Produce, LLCCourt of Appeals of Texas · 2017
- City of San Antonio v. Greater San Antonio Builders Association and Indian Springs LTD., Texas Court of Appeals, 4th District (San Antonio)2013
- the Town of Annetta South, Texas Gerhard Kleinschmidt James Ablowich Phillip Kuntz And David Goolsby v. Seadrift Development, L.P., Texas Court of Appeals, 2nd District (Fort Worth)2014
- State v. John D. Deloach, Texas Court of Appeals, 4th District (San Antonio)2015
- 35 Bar & Grille, LLC v. City of San AntonioDistrict Court, W.D. Texas · 2013
18 more not listed; retrieve them via the Exa API.