DEPARTMENT OF TEXAS v. TEXAS LOTTERY COM'N

No. 11-50932.

727 F.3d 415 (2013)

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; Sandra K. Joseph, Director of Charitable Bingo in Her Official Capacity; Mary Ann Williamson, Commissioner in Her Official Capacity; Commissioner in Official Capacity; J. Winston Krause, Commissioner in His Official Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 2013.


Attorney(s) appearing for the Case

Anatole Robert Barnstone, Esq. , Attorney, Austin, TX, for Plaintiffs-Appellees.

Arthur Cleveland D'Andrea (argued), Office of the Attorney General, Office of the Solicitor General, James Carlton Todd , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants.

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


PER CURIAM:

The original opinion in this appeal was issued by a unanimous panel on October 9, 2012. On November 21, 2012, we granted Appellees' petition for panel rehearing without hearing oral argument. We now withdraw our previous opinion and substitute the following.

The question presented in this appeal is whether Texas's charitable bingo program violates the First Amendment by allowing charitable organizations to raise money by holding bingo games on...

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