Judge Strikes Down Texas Strip Club Fee

AUSTIN — A state district judge Friday struck down legislation that would have levied a $5 state fee on patrons of strip clubs, invalidating a measure that state officials said would have raised $50 million annually for sexual assault victims and people without health insurance.

Travis County District Judge Scott Jenkins, who in December refused to block the tax from going into effect, clearing the way for a lawsuit testing the constitutionality of the tariff, called the tax unconstitutional and said that it singled out "expression that, while politically unpopular, is nevertheless protected by the First Amendment."

State Rep. Ellen Cohen, D-Houston, one of the primary sponsors of the bill, said that she was disappointed by the ruling but "not disheartened."

Cohen was scheduled to meet today in Austin with Texas Attorney General Greg Abbott, who said he plans to "vigorously appeal" the ruling.

Neither are some Dallas club owners ready to uncork the champagne.

"The rest of them are ready to throw a big party, but I don't think this is over," Dawn Rizos, who owns the upscale Dallas club Lodge, said. "They're going to rewrite it, and eventually it will pass."

The fee, which lawmakers passed last spring and which took effect January 1, was to be divided between sexual assault services and health insurance for the poor. No money had been collected yet, because the first payments from clubs were not due until April.

Officials with the Texas Association Against Sexual Assault, which helped craft the measure, said they intend to rework the bill when lawmakers return to Austin in January.

"This is not the end of the adult entertainment fee or of our goal of providing comprehensive sexual assault-related services to Texans," spokeswoman Karen Amacker said.

According to Jenkins, while the intended use of the money was "laudable," lawmakers had failed to directly tie the erotic activity they wanted to tax with the social ills they hoped to remedy, saying that no evidence had been submitted showing "that combining alcohol with nude erotic dancing causes dancers to be uninsured, or that any uninsured dancer could qualify for assistance from the fund."

Representatives from the Texas Entertainment Association, which filed the lawsuit and represents more than half of the topless clubs in the state, said they would also continue to fight any fee that was "unconstitutionally imposed" on them.

"I doubt they'll be able to overcome the First Amendment issue," Stewart Whitehead, the entertainment association's attorney, said.

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

Millie Morgan Leads Latest From MILFY

Millie Morgan stars with Sky Wonderland and Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY, titled “Sexy MILF Teaches Younger Hottie to Take Control.”

Anissa Kate Fronts Latest From MILFY

Anissa Kate stars with Goldey in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Suki Sin Stars in Latest From Family Strokes

Suki Sin stars with Rion King in the latest release from the Family Strokes series "PervMom."

Eldorado Introduces 'Dr. Tush' Anal Plug Sets

Eldorado Trading has debuted the new Dr. Tush line of anal plug sets.

Pjur Introduces 'Intimate Flavors' Oral Gel From 'Nature' Line

Pjur has debuted its Intimate Flavors Oral Delight Gel from its Nature line.

Lovehoney Group, Svakom Sign Licensing Agreement for Technology Exchange

Lovehoney Group and Svakom have entered into a licensing agreement to exchange intellectual property.

Digital Playground Premieres Ricky Greenwood's Action Feature 'The Tribunal'

Digital Playground has dropped “The Tribunal,” a futuristic, dystopian action film from multi-XMAs winner Ricky Greenwood.

Screaming O Debuts 'Ride the Pickle' Pleasure Ring

Screaming O has introduced its new Ride the Pickle vibrating C-ring, part of its food-themed collection.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Kendra Sunderland, Alina Lopez Lead Latest From Vixen

Kendra Sunderland and Alina Lopez star with reigning and three-time XMAs Male Performer of the Year Vince Karter in the second installment of the Vixen showcase series “The Angel Anthology.”

Show More