Basiardanes v. City of Galveston

MEMORANDUM OPINION

HUGH GIBSON, District Judge.

INTRODUCTION

This is a case that once again brings a land-use zoning ordinance into confrontation with a first amendment free speech claim. The facts in brief are as follows: The plaintiff owned a building at Galveston, Texas and commercially utilized it as an amusement arcade until he decided to increase the income of the premises by converting a part of it into an adult theater for the regular exhibition of pornographic but non-obscene, and therefore, constitutionally protected moving pictures. Contemporane ous with the plaintiff’s manifestation…