Foster v. City of El Paso
The appellant appeals the trial court's summary judgment in favor of the city of El Paso, stemming from a challenge to the constitutionality of the city's sexually-oriented business ordinance. Because the city's ordinance is content-neutral, the court applies the four-prong O'Brien test to determine whether it is a constitutional restriction on symbolic speech under the First Amendment, and determines it is constitutional. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-10-00157-CV, 02-20-2013.