Houston restaurant claims $500 nightly fee for fire dancers violates Constitution
A Houston restaurant claims city officials violated its constitutional rights by forcing the steakhouse to pay tens of thousands of dollars for fire marshals to be present while its employees perform nightly fire dances. The proprietors of Toca Madera, a fancy Mexican restaurant that opened in 2024, argue in a lawsuit that the city’s regulations are being improperly enforced and the requirement for marshals should be rescinded.
According to court documents, the restaurant owners say the fire dances — a performance art in which dancers entertain with small handheld devices that produce an open flame — are key to the establishment’s atmosphere. The lawsuit says the performance is held in a roped-off section, while dancers maintain a safe distance from customers.
Precautions by owners apparently not enough
Toca Madera’s owners also note that the dancers are licensed professionals and have employees with fire extinguishers on stand-by as a precaution.
Despite the safety measures, the restaurant’s operators say they are forced to pay the city $500 a night for a fire marshal. They claim they haven’t been given a valid explanation by the city as to why this is required and that other establishments with similar acts are not held to the same rules.
“No other restaurant exhibiting similar fire shows is subject to this exorbitant fee,” the restaurant owners’ lawyers wrote.
The lawsuit says the city hasn’t explained what inspectors do at the establishment “besides watch the show and collect $500.”
Lawsuit argues Constitutional rights were violated
The lawsuit argues that the fee and presence of a fire marshal amount to an illegal search and that the fire act should be free from such a regulation under the First, Fourth and Fourteenth Amendments.
In its lawsuit, the restaurant argued the performances are a protected form of expression that should not be subject to discretionary fees. It also argued that the fines and marshal requirements are unreasonable because they are not equally applied. The lawsuit claims other restaurants with fire performances or that have open flames, like hibachi restaurants, are not subject to the same fines.
City officials have not publicly responded to the lawsuit or media requests for comment.
Toca Madera’s owners are seeking an injunction against the city and payment for attorneys’ fees, but are not requesting money for additional damages, according to the Houston Chronicle.
Lawyers for the restaurant were reportedly set to appear before a federal judge on Friday at an initial hearing. That hearing was delayed two weeks, until Dec. 5. A bench trial is tentatively scheduled to begin Jan. 4, according to the district court’s docket.
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Ella Rae Greene, Editor In Chief
