ILLUSIONS-DALLAS PRIVATE CLUB, INC. v. STEEN

No. 05-10962.

482 F.3d 299 (2007)

ILLUSIONS-DALLAS PRIVATE CLUB, INC., a Not-for-Profit Texas Corporation, doing business as Penthouse Key Club; Hotel Development Texas Ltd., a Texas Limited Liability Company; Silver City, an Unincorporated Membership Organization; Green Star, Inc., a Texas Corporation, Plaintiffs-Appellants, v. John T. STEEN, Jr., in his Official Capacity as Chairman of the Texas Alcoholic Beverage Commission; Gail Madden, in her Official Capacity as a Member of the Texas Alcoholic Beverage Commission; Alan Steen, in his Official Capacity as Administrator of the Texas Alcoholic Beverage Commission, Defendants-Appellees. Plano Miller Club Inc., a Non-Profit Texas Corporation; Adventure Plus Enterprises Inc., doing business as P.T.'s, also known as The Gold Club, Plaintiffs-Appellants, v. John T. Steen, Jr., in his Official Capacity as Chairman of the Texas Alcoholic Beverage Commission; Gail Madden, in her Official Capacity as a Member of the Texas Alcoholic Beverage Commission; Alan Steen, in his Official Capacity as Administrator of the Texas Alcoholic Beverage Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2007.


Attorney(s) appearing for the Case

J. Michael Murray (argued), Berkman, Gordon, Murray & DeVan, Cleveland, OH, Roger Albright, Dallas, TX, for Plaintiffs-Appellants.

John P. Lilly, Jeffrey W. Hurt (argued), Hurt & Lilly, Dallas, TX, for Silver City and Green Star, Inc.

Bill L. Davis (argued), Robert F. Johnson, III, Austin, TX, for Defendants-Appellees.

Scott Dean Bergthold, Law Office of Scott D. Bergthold, Chattanooga, TN, for Amici Curiae.

Before REAVLEY, STEWART and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Illusions-Dallas Private Club, Inc., Hotel Development Texas Ltd., Silver City, and Green Star (collectively, "the Clubs") challenge a Texas statute that prevents sexually oriented businesses located in certain political subdivisions from obtaining or renewing permits to serve alcohol. The district court granted summary judgment against the Clubs on their constitutional claims. For the following reasons, we affirm in part and reverse...

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