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U.S. Supreme Court Declines to Hear Dreamer’s Video Store Case

KENNEDALE — The Supreme Court has declined to hear the appeal of a Kennedale adult video store fighting to keep its doors open.

The high court’s action let stand a 5th U.S. Circuit Court of Appeals ruling against Dreamer’s video store. The 5th Circuit said the city showed sufficient evidence that a sexually oriented business’ sale or rental of adult materials even for off-premises use can affect crime and property values.

The case will now go back to U.S. District Judge Terry Means in Fort Worth to rule on the remaining issue: whether the city has provided enough alternative sites to consider.

Dreamer’s is among five sexually oriented businesses that filed federal lawsuits in 2002 to block new city regulations aimed at forcing the business away from the city’s most visible entrance, at Interstate 20 and Business 287.

For years, city officials have wanted to redevelop the area with office and retail.

Three of the five businesses have closed or agreed to close by 2012. The city has sued one of the five that agreed to close but then decided not to.

Because the courts have ruled that cities must provide a certain amount of space for adult businesses, the city selected five locations away from the main entrance. Courts have not set a specific amount.

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