The Dallas City Council’s decision not to allow Exxxotica to rent space in the city-owned convention center will undoubtedly be found unconstitutional by a federal judge. If the City is going to own a convention center and lease it to private parties, the First Amendment to the Constitution precludes the City from discrimination based on the message that those private parties are wanting to express at the convention center. And, like it or not, it is well-established under federal law that erotic displays are protected under the First Amendment.
The City’s Council’s decision is short-sighted. The decision might be popular with voters who despise erotic displays. But, when a federal judge orders the City to pay a large damage award to Exxxotica, the voters might not be happy with any city council member whose vote opened the door for tax dollars to be paid to Exxxotica.