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

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

SinParty Integrates Vibe-Connect Creator Engagement Tools

Creator platform SinParty has partnered with Honey Play Box to add the pleasure brand's Vibe-Connect creator engagement tools.

Hankey's Toys Debuts DiYardieULuv2H8 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator DiYardieULuv2H8.

Blush Expands 'Avant' Line

Blush has introduced two new dildos from its Avant Collection.

Male Power Expands 'Sassy Lace' Collection

Male Power has expanded its new Sassy Lace collection of men's underwear.

Adam & Eve, We-Vibe to Launch Pop-Up Tour

Adam & Eve and We-Vibe have partnered for the nine-city “Experience an Ourgasm” pop-up tour, kicking off July 18.

Salorein Debuts 'Sabrina' Suction Torso

Pleasure brand Salorein has released its new "Sabrina" suction torso.

Toendi Debuts 'Pandora' Stimulator

Toendi has unveiled its new Pandora clitoral stimulator.

Beisar Introduces 'Phantom' Dildo

Beisar has debuted its Phantom fantasy dildo.

Full Circle to Debut New Pleasure Products at ANME

Full Circle will introduce its new AI companion love dolls and head-equipped torso dolls at ANME trade show, running July 12-15 at the Burbank Marriott.

Show More