See You In Court: Dallas Ignores Exxxotica’s Offer to Drop Lawsuit

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DALLAS -- If you're sick of hearing about the Exxxotica sex expo, you would have enjoyed the Dallas City Council meeting Wednesday.

The folks who voted to ban the XXX event two weeks ago were silent on the issue today. It might have cost them a second chance to avoid a lawsuit.

Turns out, Exxxotica's legal team didn't file their lawsuit Tuesday.  Instead, they just sent their 28-page complaint to the city, as a kind of warning.

"The event itself is based around love and sex," Exxxotica's head honcho, J. Handy, told NewsFix.  "The last thing we want to be is mean and spiteful."

But, they explained in a letter accompanying the document, they'd be forced to file the suit if the council didn't move to reverse the ban - which Handy and others say is unconstitutional - during today's meeting.

Council member Philip Kingston, who voted against the ban, spoke to reporters during a break in the meeting.  "Several of us have been begging, literally, begging our colleagues to move to reconsider," he said.

But, nope.  The meeting ended without a call for a new vote, and shortly after, Handy told NewsFix in an email that the suit had been filed.  Exxxotica will officially be taking the City of Dallas to federal court.

"We want to bring the event to Dallas," Handy said earlier in the day.  "And we're gonna fight tooth and nail to make sure that happens."

It's a fight that already has some ugly side effects for Dallas.

"We have turned the Kay Bailey Hutchison Convention Center into the most sought-after venue for porn conventions in North America," Kingston said, saying XXX events would apply to use the center, and either make money by holding the event, or by being banned and then suing.

We've already seen one such opportunistic convention ask to come here and an individual lawsuit filed against the city.

"Pandora's Box," Handy called it.

A box that could have been avoided today, if the council had taken the same approach toward the Exxxotica ban as it did toward the costly Dallas Wave in the Trinity River.

"This was a mistake," Mayor Mike Rawlings said of that situation. "We've gotta do what's right for the taxpayer."

But there was no such admission in Exxxotica's case, and now the First Amendment lawsuit will get underway.

Legal experts predict Dallas will still end up hosting the event in May after spending hundreds of thousands of dollars fighting to keep sex out of the city.

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