TYLER — A hearing continues today in Tyler regarding the Toys R Us restraining order against the Double D Restaurant. Toys R Us contends the nature of the restaurant is "too adult" and can hurt the store's image. Also, according to the lease, Double D's has permission to sell X-rated videos out their building and TRU would profit from it.
In cross examination, attorneys for the restaurant established that the toy store sells mature-rated video games that contain sexual content and violence. A KETK courtroom reporter says Grand Theft Auto IV is being used as an example against Toys 'R' Us.
Attorney's for Double D's say the game uses very graphic images, and a person can even buy a prostitute, then shoot her. The game is sold in a TRU's glass casing.
In trying to establish hypocrisy on the part of the toy store, attorneys for the restaurant contend the lease allows for different kinds of businesses. Such a lease could be available to video stores that could potentially sell X-rated videos.
Before breaking for lunch, the attorneys turned their focus to the details of the property lease, and whether verbal permission for the restaurant was actually granted.
The controversy over the Double D restaurant continued today, in the courtroom.
There was a hearing on the temporary restraining order on the restaurant, and It was expected to be a short hearing with a rumored settlement.
But it proved to be more contentious than anyone expected.
It was the Double D restaurant versus Toys R Us.
The land the Double D sits on is owned by the toy chain, and today in the 114th District Court, a Toys R Us representative said that the road house with its scantily clad waitresses would hurt their business.
And some concerned citizens were there as well.
But the question before Judge Christi Kennedy was, does the change from an El Chico Restaurant to the Double D violate the lease?
Ultimately the lawyer for the Double D, Robert Davis, said that they needed to see more evidence, evidence that the plaintiff’s didn’t have, so the hearing is postponed for two weeks.
The restraining order remains in effect.
So, we really didn’t get a resolution today to the burning question of bare midriffs versus Barbie dolls.
We’ll have to wait two weeks for that.