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BAILEY v. MORALES

No. 98-41071.

190 F.3d 320 (1999)

Mark BAILEY, et al., Plaintiffs, Mark Bailey, D.C.; Todd Boyd, D.C.; Curtis Cook, D.C., Plaintiffs-Appellants, v. Dan MORALES, Attorney General, State of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1999.

Attorney(s) appearing for the Case

Martyn B. Hill, Pagel, Davis & Hill, Houston, TX, for Plaintiffs-Appellants.

Deborah Anne Verbil, James Bickford Pinson, Austin, TX, for Defendant-Appellee.

Before JONES and WIENER, Circuit Judges, and LITTLE, Chief District Judge.

LITTLE, District Judge:

Mark Bailey, D.C. ("Bailey") appeals the district court's ruling upholding the constitutionality of Texas House Bill 1327 ("H.B. 1327").1 We REVERSE the district court's ruling with respect to the first amendment and declare the statute unconstitutional as applied to chiropractors.

I.

This case arises out of the Texas Legislature's attempt to regulate the "cottage industry" of alleged ambulance...

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