City of Houston v. Mitchell

PAUL PRESSLER, Justice.

I respectfully dissent. The trial court erred when it determined that the Ordinance was not the type authorized by the legislature under section 2(1) of the Act.

The City Council is the legislative body of the City of Houston, and it has the authority and responsibility to determine whether the construction and method of operation of “adult arcades” so adversely affects the health, safety and welfare of the inhabitants of the city as to allow the exercise of its police power in regulating them. Neither the trial court nor this Court may substitute its finding of fact for…