VETERANS OF FOREIGN WARS v. TEXAS LOTTERY COM'N

No. 11-50932.

698 F.3d 239 (2012)

DEPARTMENT OF TEXAS, VETERANS OF FOREIGN WARS OF the UNITED STATES; Amvets Department of Texas, Incorporated; Amvets Post 52, Incorporated; Amvets Post 52, Auxiliary, Incorporated; The Great Council of Texas, Improved Order of Redmen; Redmen War Eagle Tribe No. 17; Redmen Tribe No. 21 Geronimo; Redmen Ramona Council No. 5; The Institute for Disability Access, Incorporated, doing business as Adapt of Texas; Temple Elks Lodge No. 138, Benevolent and Protective Order of Elks of the United States of America, Incorporated; Bryan Lodge No. 859, Benevolent and Protective Order of Elks of the United States of America, Incorporated; Austin Lodge No. 201, Benevolent and Protective Order of Elks of the United States of America, Incorporated; Anna Fire and Rescue, Incorporated, Plaintiffs-Appellees, v. TEXAS LOTTERY COMMISSION; Gary Grief, Executive Director in His Official Capacity; Phillip Sanderson, Director of Charitable Bingo in His Official Capacity; Mary Ann Williamson, Commissioner in Her Official Capacity; David J. Schenck, Commissioner in his Official Capacity; J, Winston Krause, Commissioner in His Official Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 9, 2012.


Attorney(s) appearing for the Case

Anatole Robert Barnstone (argued), Austin, TX, for Plaintiffs-Appellees.

Arthur Cleveland D'Andrea (argued), Office of the Atty. Gen., Office of the Sol. Gen., James Carlton Todd , Asst. Atty. Gen., Gen. Lit. Div., Austin, TX, for Defendants-Appellants.

Before STEWART, Chief Judge, and DeMOSS and GRAVES, Circuit Judges.


DeMOSS, Circuit Judge:

The Texas Bingo Enabling Act allows qualifying charities to conduct bingo games in order to raise money for their charitable causes. The Act prohibits charities from using bingo proceeds for certain types of political advocacy, including lobbying and supporting or opposing ballot measures. Plaintiffs-appellees, a group of nonprofit organizations licensed to conduct bingo games, filed suit challenging...

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