UPDATED: Proposed Injunction Challenges Texas' Controversial Under-21 Stripper Ban

UPDATED: Proposed Injunction Challenges Texas' Controversial Under-21 Stripper Ban

[Update, Thursday 7/15/21, 9:35 p.m.: A previous version of this article published Monday 7/12/21 stated that the preliminary injunction halting S.B. 315 had been granted. The circulated injunction was only a proposal by the lawyers challenging its constitutionality. The hearing to decide on the injunction will happen tomorrow, one of the lawyers confirmed to XBIZ.]

AUSTIN, Texas — A U.S. District Court Judge in Texas is currently considering a proposed preliminary injunction prohibiting the enforcement of the recent state law preventing sex workers aged 18-21 from being employed at strip clubs.

The injunction proposal notes that the class-action plaintiffs “have a substantial likelihood of success on their claims that [recent Texas statute] S.B. 315’s age restrictions on employment or work at or with a ‘sexually oriented business’ are unconstitutional.”

The proposal also notes that “plaintiffs have a substantial likelihood of success on their claims under the First Amendment. The challenged amendments to Texas law infringe the individual Plaintiffs’ First Amendment rights to engage in expression and association for expressive purposes.”

Moreover, the proposal continues, “the age restrictions are not likely to satisfy intermediate scrutiny because they do not further a substantial governmental interest and they are no mere incidental restriction on First Amendment freedoms; they are far greater than is essential to the furtherance of the state’s interests.”

Further, the proposal explains, the age restrictions "violate the overbreadth doctrine because the impermissible applications of the amended laws are substantial when judged in relation to their previously legitimate sweep.”

The proposal further rebukes the legislative overreach by pointing out that “age amendments to Texas laws violate the Due Process Clause of the Fourteenth Amendment, as well as the Texas Constitution’s due course of law provision under Article I, § 19. The challenged amendments deprive Plaintiffs and members of the proposed Plaintiff Classes of their occupational liberty interest. The age restrictions are not likely to satisfy rational basis review because they are not rationally related to the state’s asserted interests.”

A preliminary injunction prohibits the enforcement of a law and mandates preserving the status quo while the underlying court case — in this case the class action suit — is decided.

News of the proposed preliminary injunction was first reported yesterday via Twitter by journalist Susan Elizabeth Shepard.

Infantilizing Sex Workers

The lawsuit refers to S.B. 315, one of two Texas bills passed in May by the Republican-majority legislature concerning the employment of workers in “sexually oriented business.”

As XBIZ reported in May, the companion bill (S.B. 766) stated that it relates to “sexually oriented businesses, including a requirement to participate in the federal electronic verification of employment authorization program, or E-Verify, and [restricts] the age of persons employed by or allowed on the premises; creating criminal offenses.”

The bills had been lobbied by the group Operation Texas Shield, a nonprofit that targets what it calls “human trafficking,” and was one of the moving forces behind FOSTA/SESTA.

Language deployed in support of the bill concerned repeated appeals to “protect the children,” and steadily erased the distinction between adults 18-21 and actual minor children.

The new law's main advocate in the legislature, State Rep. Tan Parker (R, Denton County), told an interviewer: "Throughout my service as a state representative, protecting children is the bedrock of my legislative purpose."

"If Texas is going to eradicate the horrors of sexual abuse, we must be relentless in our efforts to prevent it from ever occurring," he continued. "It might come as a surprise that minors are allowed on the premises of a sexually oriented business. I want to change this for our state, and more importantly, our children who deserve to be protected and given the promise of a bright future.”

The campaign to raise the legal age for Texas strip clubs consistently spoke of “children” and “human trafficking,” when referring to 18-21-year-old adults, including those freely consenting to the work.

Main Image: Rep. Tan Parker (R, Denton County)

Copyright © 2025 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

2025 XMA Creator Awards Nominees Announced

XBIZ is pleased to announce the official nominees for the 2025 XMA Creator Awards, presented by premium creator platform Fansly.

Eve Sweet, Stefany Kyler Front VMG Cross-Site 'In Vogue' Sequel

Vixen Angels Eve Sweet and Stefany Kyler headline the new Vixen Media Group (VMG) cross-site feature "In Vogue 2," which will be released across studio imprints Blacked, Vixen, and Tushy.

Cherie DeVille, Silvia Saige Drop Trailer for New OnlyFans Series

Multi-XMAs winner Cherie DeVille and Silvia Saige have dropped a trailer for their new OnlyFans game show series, “Wankaoke,” premiering May 5.

Anita Rover, Alice Drake Topline Dorcel's 'Wild'

Anita Rover and Alice Drake headline the latest feature from Dorcel, titled “Wild.”

Jane Wilde, Lily LaBeau Star in Latest From New Sensations

Jane Wilde and Lily LaBeau star in the latest release from New Sensations.

Hailey Rose Toplines Latest 'Stacked' From Hard X

Hailey Rose headlines the 14th volume of "Stacked," from XEmpire studio brand Hard X.

Hentaied Debuts Final Rae Lil Black Scene

Hentaied has released recently retired performer Rae Lil Black's final scene, titled "The Monster Slayer."

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Ryan Keely Fronts Latest From New Sensations

Ryan Keely stars with Victor Cruz in the latest release from New Sensations.

Zariah Aura Stars in Latest From Transfixed

Zariah Aura stars with Kenna James in the latest release from Transfixed, titled "Feeling Her Way."

Show More