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

Holiday Now Shipping 'Zumio X2' Stimulator

Holiday Products is now shipping the Zumio X2 clitoral stimulator.

CalExotics Appoints Lupe Martinez, Austin Ferdinand to Executive Team

CalExotics has named Lupe Martinez as its new executive director of marketing and Austin Ferdinand as vice president of business development.

Sportsheets Names Emily Silva Director of Product and Merchandising

Sportsheets has appointed Emily Silva as its new director of product and merchandising.

Male Power Debuts 'Eco Cozy' Collection

Male Power has introduced its new Eco Cozy collection of men's underwear.

Altitude Show Taps Deanna Klerks for Buyer Relations and Experience Manager

Altitude Show has hired Deanna Klerks as its new manager of buyer relations and experience.

Toendi Launches Full Company Rebrand

Pleasure brand Toendi has launched a rebrand of its logo and products.

Orion Expands 'Beastly Cocks' Line

Orion Wholesale has introduced two new fantasy dildos from its Beastly Cocks line.

Blush Debuts 'Riana' Massager

Blush has introduced the new Riana massager.

Eldorado Opens Preorders for 'Blō' Flavored Lube From JO

Eldorado Trading is now accepting preorders for the new Blō collection of flavored lubricants from JO, with shipments beginning July 13.

Orion Debuts 'Six in a Row 2.0' Dildo Set From 'You2Toys' Line

Orion Wholesale has introduced the new six-piece dildo set Six in a Row 2.0 from its You2Toys line.

Show More