The owner of the Guild theatre is taking its fight over the Pornotopia Festiva to the next level.
The theatre is appealing the City of Albuquerque's 2008 fine for showing one adult film during the festival.
Both metro and district courts have already sided with the city.
The city said the festival must use a building zoned for industrial or for adult entertainment if it is going to show adult films.
An American Civil Liberties Union, or ACLU, attorney insists that since the festival takes place only once a year, the adult entertainment ordinance does not apply to the theatre.
Pornotopia is normally held in November. The festival has not taken place the last couple of years.