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HORTON v. CITY OF HOUSTON, TEXAS

No. 98-20031.

179 F.3d 188 (1999)

Robert HORTON, Nationalist Television, a Texas Non-Profit Corporation; and Barry Hackney, Plaintiffs-Appellants, v. CITY OF HOUSTON, TEXAS and Access Houston Cable Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 19, 1999.

Attorney(s) appearing for the Case

Richard Barrett, Learned, MS, for Plaintiffs-Appellants.

Gilbert D. Douglas, Susan Tom Taylor, City of Houston Legal Department, Houston, TX, for City of Houston, Texas.

J. Hoke Peacock, III, Neal Stuart Manne, Susman Godfrey, Houston, TX, Emery Lawrence Vincent, Susman Godfrey, Dallas, TX, for Access Houston Cable Corp.

Before KING, Chief Judge, and JOLLY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

At issue in this appeal is whether Access Houston Cable Corporation ("Access"), a "PEG" cable channel,1 can, consistent with the First Amendment, charge a fee to cable-cast programs not "locally produced" in and around Houston, Texas. We conclude that Access Houston's fee requirement is a content-neutral regulation which implements a significant governmental interest in promoting localism, but Access has...

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