BMX XXX was originally planned to be the third title in the Dave Mirra series, Dave Mirra Freestyle BMX 3. The game's premise of featuring strippers on bikes originated from meetings without him about what how to take the series in a mature direction. Someone suggested strippers be included, and while it was initially taken as a joke, serious discussions planning it into the next Dave Mirra game took place then and there, along with adding hardcore music and strong language. According to Mirra, he felt the game was supposed to have a mature, tongue-in-cheek tone similar to the film "Airplane!", and while producer Shawn Rosen claimed he enjoyed the pitch presented, Mirra's sponsors warned him that his association with the mature content would damage his image. As a result, Mirra and Acclaim signed an agreement to remove his name and likeness from the game, and another traditional game in the series, Dave Mirra Freestyle BMX 3, was later released for the Game Boy Advance. After BMX XXX's release, Mirra filed a lawsuit alleging that his likeness and name were still being used after he separated from the project, with the game promoted as "Dave Mirra BMX XXX", and that it was damaging his image. The lawsuit was eventually settled in October 2003.