Fifth Circuit Reverses District Court Decision on Adult Convention Due to Clear Mistakes of Fact

In August 2015, Three Expo Events, LLC staged its adult love- and sex-themed convention Exxxotica 2015 at the City of Dallas’ Convention Center. Three Expo and the City of Dallas began informal plans to stage another event (Exxxotica 2016) the following year. Before a formal contract could be drawn up, the mayor and Dallas City Council adopted Resolution No. 160308 to bar the City of Dallas from contracting with Three Expo for the lease of the Dallas Convention Center. When Three Expo filed a suit against the City, the district court granted the City’s motion for dismissal due to lack of jurisdiction because Three Expo did not intend to lease the convention center directly but through a holding company Exotica Dallas, LLC. The Fifth Circuit reversed the district court’s decision because of Exotica Dallas’ relationship to Three Expo. Read all the sordid details here.