Know more. Steven H. Swander, Fort Worth, for appellants. Thomas P. Brandt, Fanning, Harper Martinson, Dallas, for appellee. Appeal was taken from the trial court's denial of a temporary injunction against the City of Arlington. The trial court found the "no touch" provisions constitutional as enacted. In two points of error, appellants allege error by the trial court in denying the temporary injunction.
Appellants are two adult cabarets operating in Arlington, Texas. In November, , the City of Arlington passed and approved the "no touch" provisions as part of the Adult Entertainment Chapter of the Code of the City of Arlington, Texas, to regulate adult entertainment.
Appellants contend they are adversely affected by the application of the "no touch" provisions. The "no touch" provisions provide: A. An employee of an adult cabaret while appearing in a state of nudity commits an offense if he touches a customer or the clothing of a customer. A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity or clothing of the employee. In March, , Arlington police began enforcing the "no touch" provisions and issued tickets to violators which included dancers and patrons of the clubs.
The clubs themselves, however, were not cited. Appellants sought the injunction to prevent enforcement of the "no touch" provisions pending a determination of the constitutionality of the ordinance. Appellants contend that although they sought to make costume changes so that their dancers would not be performing in a "state of nudity, " the "no touch" provisions are facially overbroad and violate their equal protection rights under the Texas Constitution.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or 2. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Generally under Texas law, the trial court has broad discretion in determining whether to issue a temporary injunction to preserve the rights of the parties pending a final trial on the merits.
