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

Lucy Mochi Makes Her Kink.com Debut

Lucy Mochi has made her Kink.com debut alongside John Paul the Pope in "Newbie Gets the Full Treatment."

Erotica Divine, Derek Kage Lead Latest From TransAngels

Erotica Divine and Derek Kage star in the latest release from TransAngels, titled "Steamy Soak."

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Savvy Suxx Performs 1st Gangbang for WIFEY

Savvy Suxx performs her first gangbang in the latest release from Vixen Media Group studio imprint WIFEY.

Princess Emily Makes Her Evil Angel Debut

Princess Emily has made her debut for Evil Angel alongside director Richard Mann.

Williams Trading Names Lindy Court Sales Representative

Williams Trading has appointed Lindy Court as its new sales representative.

Full Circle Expands 'Be Savage' Line

Full Circle Distribution has introduced 30 new styles from its Be Savage line of lingerie.

Sportsheets to Debut 'Signature' Collection at ANME

Sportsheets will introduce its new Signature collection at the ANME trade show in Burbank next month.

Alina Lopez Performs 1st Anal in Her Tushy Debut

Alina Lopez has performed her first anal scene in her debut for Vixen Media Group studio imprint Tushy, alongside Milan Ponjevic.

JO Debuts 'Bake Shoppe' Lube Collection

JO has introduced its Bake Shoppe Collection of flavored lubricants.

Show More