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 Debuts New Thrusting Bullet Vibe From 'Javida' Line

Orion Wholesale has introduced a thrusting bullet vibrator from its Javida collection.

Besharam CEO Raj Armani Featured in Cosmopolitan India Magazine Brand Showcase

Raj Armani, co-founder and CEO of Indian pleasure brand Besharam, was recently featured in a full-page brand showcase advertorial in Cosmopolitan India Magazine.

Aneros Rolls Out Resource Hub for Retailers, Industry Partners

Aneros has launched its new Aneros Media Website, a digital platform to centralize the company's educational resources, product training, point-of-sale materials, and marketing assets for its retailers, distributors, and industry partners.

Liberator Debuts 3 Curated 'Kinkmas Box' Holiday Pleasure Product Bundles

Lifestyle pleasure brand Liberator has introduced Kinkmas Boxes, three curated holiday product bundles for couples.

Paradise to Introduce 3 New Additions to 'Illumination' Line at Sex Expo in January

Paradise Pleasure Products will debut three new additions to its LED-enhanced Illumination collection at Sex Expo, taking place Jan. 7-10 in L.A.

Brent Aldon, Erik Vasquez to Return as Hosts of 2027 XBIZ Awards, Pleasure and Retail Edition

Aneros Director of Sales and Marketing Brent Aldon and Sliquid VP of Marketing Erik Vasquez will once again bring their signature showmanship to the stage as co-hosts of the 2027 XBIZ Awards, on Jan. 9 at Avalon Hollywood.

b-Vibe Introduces Clinician-Reviewed Educational Guides

COTR has released a new set of clinician-reviewed educational guides through its b-Vibe Anal Academy platform.

East Coast News Taps Paul Reutershan for Business Development Manager

Paul Reutershan has joined East Coast News (ECN) as its new business development manager, returning to the company where he began his career in 2002.

Beisar Debuts 'Pixel' Anal Vibe

Beisar has introduced its Pixel three-function anal vibrator.

Xgen Expands Bodywand Line With 2 New Vibes

Xgen Products has added two new bullet vibrators to its Bodywand collection.

Show More