Texas Appeals Court Strikes $5 Gentlemen's Club Tax

AUSTIN, Texas — A Texas Court of Appeals panel upheld on Friday a lower court ruling striking down a tax that imposed a $5 tariff for each customer entering a sexually oriented business, or SOB.

On appeal, Texas Comptroller Susan Combs argued that the SOB tax does not violate the 1st Amendment, that the SOB tax does not violate the Texas Constitution, that sovereign immunity bars suit by the Texas Entertainment Association and that the trial court erred in awarding attorneys fees.

But the appeals court judges had concern over a tax that was a "content-based speech regulation" and subjected to the "strict scrutiny" required to determine if the regulation were narrowly tailored to serve a compelling governmental interest.

“Evidence that the SOB tax is aimed at reducing secondary effects of sexually oriented businesses does not preclude the proper application of strict scrutiny in this case,” the court ruled.

Having found the SOB tax unconstitutional under the 1st Amendment, the court said it need not reach the comptroller's second issue regarding appellee Karpod Inc.’s and Texas Entertainment Association's state constitutional claims.

In addition, the court overruled the sovereign immunity and attorneys fees claims by the Texas comptroller.

“We affirm the trial court's judgment declaring that subchapter B of chapter 47 of the business and commerce code is unconstitutional and permanently enjoining assessment and collection of the tax,” the court ruled.

At post time, it wasn’t clear whether the comptroller will appeal the decision to the Texas Supreme Court.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Odin Expands 'Kong Benderz' Dildo Collection

Odin Novelties has expanded its Kong Benderz collection with the addition of a new dildo.

Orion Debuts 'Vibepad Intense 2' Vibrator

Orion Wholesale has introduced the second edition of its Vibepad Intense vibrator.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Full Circle Brings Back 'Baby' Bullet Vibe Collection

Full Circle has re-released its Baby collection of three bullet vibrators.

Odin Debuts 'Besties' Dildo Collection

Odin Novelties has debuted its new Besties collection of silicone dildos.

Sustory Introduces 'Lennox' Vibrating Anal Beads

Pleasure brand Sustory has introduced Lennox, its new progressive vibrating anal bead system.

Odin Introduces 'Kink Mechs Turret' Sex Machine

Odin Novelties has debuted its new Kink Mechs Turret sex machine.

Hismith Introduces 'Max 200W' Sex Machine

Pleasure brand Hismith has debuted its new Max 200W sex machine.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two new harness sets to its Bad Kitty collection of fetish accessories.

Show More