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

XBIZ Expo Retail Trade Show Heads to L.A. LIVE Jan. 7-10

XBIZ Expo returns Jan. 7-10, 2027, at JW Marriott L.A. LIVE, where pleasure product manufacturers, distributors, retailers and other industry professionals will gather for four days of business, networking and entertainment.

Beisar Introduces 'Pillar' Fantasy Vibrator

Beisar has debuted its new Pillar fantasy vibrating dildo.

Full Circle Brands Expands 'The Pleasure Company' Vibe Collection

Full Circle Brands has introduced four new devices from its Pleasure Company collection of vibrators and massagers.

Blush Debuts 'Rowen' From 'EnLust' Collection

Blush has introduced the new Rowen dildo from its EnLust line.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

CalExotics Expands 'Aura' Collection

CalExotics has expanded its Aura collection with three rechargeable bullet vibrators and two dual-action massagers.

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

Blush Introduces 'Aurora' Dildo From Avant Line

Blush has debuted the Aurora dildo from its Avant Collection.

Show More