Opinion analysis and election recommendations from the Dallas Morning News editorial board.
A billboard displayed on W. Northwest Highway in Dallas on Monday, Dec. 6, 2021. Dallas officials passed an ordinance in 2022 that ordered all strip clubs and other sex-based businesses to close by 2 a.m. and open no earlier than 6 a.m. Police asked for the policy, pointing to data linking late-night violent crime to those businesses. Roger Albright, an attorney for the nightclubs, stood before the Council and haughtily warned that it would lose a lawsuit.
But the city had done its homework. As a panel of judges for the 5th Circuit point out, long-standing case law gives cities the discretion to regulate sex-based businesses to target their harmful “secondary effects,” such as spikes in crime or drops in property values.While cities can’t ban erotic entertainment establishments, they can restrict the “time, place and manner” of their operation. That’s why you don’t see cabarets set up shop next to schools, for example.
Police discussed their findings at length with the Council before it adopted its ordinance. They cited academic research tying crime to sex-based businesses, and reports from two other Texas cities that found a correlation between sexually oriented business hours and increased crime. This was a serious pursuit and not some slapdash effort, as the clubs have argued.
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