Toys R Us takes Double D Ranch to court Thursday - - Tyler, Longview, Jacksonville |ETX News

Toys R Us takes Double D Ranch to court Thursday

TYLER, TX (KLTV)- Restaurant industry insiders call it a "breastaurant," and tomorrow, a Smith County judge is expected to decide whether or not the Double D Ranch Bar and Grill will open, at least at its current planned location.

Double D Ranch is supposed to replace El Chico on the East Southeast Loop in Tyler.

It's across the street from Robert E. Lee High School, and on the same property as Toys R Us and Babies R Us.

Right now, Toys R Us, who owns the land the Double D Ranch is on, has a temporary restraining order in place to keep it from opening but a judge will have the final say.

Toys R Us and El Chico, the parent company of Double D Ranch, have shared this lot for almost 20 years.

Toys R Us as the landlord and Double D Ranch as the tenant ...who now, according to Toys R Us, is violating their lease.

That lease prohibits the property "to be used for go-go dancing, or nude or semi-nude entertainment," according to court documents.

Who decides if the wait staff's uniforms are defined as semi-nude?
Attorney Kevin Ferrier said it is up to the court.

The parties have to look to the court to determine what the lease says and what it means and how it can be enforced," said Ferrier.

But, representatives from Toys R Us said in their petition the attire isn't the only lease violation

They said "the tenant may operate under a different trade name after obtaining landlord's prior written consent" but Toys R Us representatives said they have not and will not give that consent.. nor do they feel they're being unreasonable

And while neither Toys R Us or Double D are talking, the public is.

"This is probably the worst location it could have happened," one woman in the Toys R Us parking lot with her family said.

"What is the big deal with all of this? It is a restaurant just like anywhere else. You make of it what you want to make of it in your own mind," said a man driving by the Double D ranch construction.

Still, Toys R Us representatives said if Double D opens its doors, Toys R Us will lose customers, revenue and their reputation in Tyler.

"Ultimately it'll come down to what the lease says and if there is a violation," said Ferrier.

And that decision will be up to a judge.

Thursday's temporary injunction hearing is set for 10 a.m. in Judge Kennedy's court room.

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