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

Orion Expands 'Cotelli Bondage' Line

Orion Wholesale has expanded its Cotelli Bondage collection with five new outfits.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Kheper Releases New 'Adult A...Z' Couples Game

Kheper Games has released its new Adult A...Z party game.

LATAM in Focus: A Look at the Trends Shaping Latin America's Pleasure Products Market

Across Latin America, pleasure shoppers are looking for innovation, but winning their business requires brands to balance aspirational qualities. Consumers are watching every dollar — or peso, Brazilian real, Peruvian sol, etc. — as tariffs, exchange rates and import costs push retail prices upward.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

Nobü Adds to 'Essentials' Collection

Nobü has expanded its Essentials collection with three new vibrators.

Blush Expands 'B Yours' Collection

Blush has introduced a new vibrating plug from its B Yours Collection.

We-Vibe Debuts 'Shared Touch' Vibe

We-Vibe has introduced its new Shared Touch vibrator for couples.

Kiiroo Introduces New Tyler Wisby Stroker

Kiiroo has debuted the new Tyler Wisby stroker sleeve from its FeelStar line.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

Show More