The city claims there’s more violent crime near these businesses in the early morning hours, so that’s when they should be forced to shut down. The restrictions were unanimously approved by the Dallas City Council members in January and hours later they had a lawsuit on their hands.
The lawsuit was filed by the Dallas Association of Club Executives, which claimed the new restrictions were content-based. The judge over the case has asked the city and the Dallas Police Department for more data supporting their move to shut down the businesses from 2 a.m.-6 a.m.
In court, attorneys for the businesses said DPD’s data didn’t paint a complete picture of violent crime in this timeframe. For example, the police didn’t include violent crime statistics for other businesses that operate in the same areas and in the same early morning hours, according to WFAA. These could include convenience stores, 24-hour fast-food drive-throughs and motels.
But attorneys for the city had DPD officers put on the stand and testify about violent crimes that have taken place at some of these businesses. The judge hasn’t made a ruling yet, so the SOBs have been able to continue operating in the early morning hours. The city is expected to finish making its case in court on March 23, when the judge could make a decision.
Roger Albright, an attorney representing the Dallas Association of Club Executives, warned city officials the businesses would sue if they approved the new restrictions. He also told them that if the city is trying to go after bad apples in the industry, they already have ways to do that.
There are state and local nuisance laws the city can use. They can also try revoking licenses of businesses they say are tolerating crime.
Dallas Police Chief Eddie Garcia, who supports the new hours of operation, said these other processes take too long.
But that hasn’t stopped his department from using them. At an upcoming permit and license appeal board meeting, DPD will argue that Xposed Adult Theater and Megastore should have its sexually oriented business license revoked, claiming it “knowingly allowed possession, use, or sale of controlled substances on the premises.”
The attorney representing Xposed in the upcoming hearing wasn’t available for comment. But when we called the place on Friday afternoon, assistant manager Johnny Dre Birdow picked up and was happy to talk.
“Here at Xposed, we sell movies. We sell sex toys. You can buy bongs for smoking,” Birdow said. “Now, we have an arcade.”
In the arcade, people can go into private rooms equipped with a TV, lock the door behind them and pay to watch what they want. They also have a movie theater.
“They’re going to close them. This is Dallas, dog. If this was New York, we wouldn’t even be having this conversation.” Johnny Dre Birdow, Xposed Adult Theater and Megastore
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He’s worked at Xposed off and on since 2012. It’s open 24 hours a day. Business was slow when we spoke: They get most of their action at night, he said. “Right now, there isn’t 10 people in here,” he said. “A lot of people want to do things in the dark.”
He said it’s safe for the most part but they have their incidents. Birdow tries to keep a watchful eye. People might come through there trying to pimp someone out, or sell drugs in the parking lot, he explained. “You have to be on the lookout for everything,” he said. “You’re dealing with the streets.”
But you can’t catch it all. “There’s been a shooting," he said. "There’s been a stabbing."
As we spoke, Birdow would stop to address another employee who was showing him stuff on their phone. “Look at her. That’s Taylor? She’s unbelievable,” Birdow told the other employee before continuing with the interview.
Other times, he may suspect something illegal is going on, but it’s too dangerous for him to intervene. If he thinks someone’s dealing drugs in the parking lot, for example, he said it might be safe to assume the dealer has a lot of cash on them. To protect that cash, they might even have a gun and Birdow isn’t trying to get shot.
He might try calling the police every now and again, but he says they often show up too late.
However, Birdow said the business has gotten more attention from the cops since a shooting took place there about a month ago. After the shooting, the cops raided Xposed and claimed to find people doing drugs inside, Birdow said. The police have been back to Xposed a few times since then, and now they’re trying to revoke their license.
They’ll fight to take away the license in a permit and license appeal board meeting on April 7. However that hearing goes, Birdow thinks the city will succeed in closing down SOBs from 2 a.m.-6 a.m.
“They’re going to close them. This is Dallas, dog. If this was New York, we wouldn’t even be having this conversation,” Birdow said.
Closing in the early morning hours will be the beginning of the end for some of these businesses, he said. Still, he thinks Dallas will always have some SOBs. Dallas officials want to promote the city, according to Birdow. “I’m going to tell you what else comes with promoting the city: sex,” he said. “They know they can’t close them all. So, what do you think they’re doing? They’re picking some out.”
He added, “We’re being targeted.”
When it’s all said and done, he thinks the classier places will get to stay, while places like Xposed will close down.
