Double (D) Entendre

Judge Biery out of the Western District of Texas issued an opinion earlier this week in an interesting case in which several strip clubs are challenging a San Antonio ordinance requiring dancers to wear bikini tops (rather than pasties). 

This opinion, which denies the clubs’ request for a preliminary injunction, is full of double entendre.  You should read the entire opinion yourself, but I’ve listed some of my favorite sentences below:

-“An ordinance dealing with semi-nude dancers has once again fallen on the Court’s lap.”

-“Plaintiffs clothe themselves in the First Amendment seeking to provide cover against another alleged naked grab of unconstitutional power."

-“Indeed, this case exposes the underbelly of America’s Romanesque passion for entertainment, sex and money, sought to be covered with constitutional prophylaxis.”

-“Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.”

The case is 35 Bar and Grille, LLC v. City of San Antonio, No. 5:12-cv-00034, pending in the Western District of Texas.

*NOTE: The opinion is not on Westlaw as of the time of this posting.  I'm sure it will be up soon.