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TEXAS ENTERTAINMENT ASSOCIATION, INC. v. HEGAR

No. 20-50262.

10 F.4th 495 (2021)

TEXAS ENTERTAINMENT ASSOCIATION, INCORPORATED, Plaintiff-Appellee, v. Glenn HEGAR, Comptroller of Public Accounts of the State of Texas, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 19, 2021.

Attorney(s) appearing for the Case

Benjamin Allen , William King , Casey T. Wallace , Wallace & Allen, L.L.P., Houston, TX, for Plaintiff-Appellee.

Ari Cuenin , Office of the Attorney General, Office of the Solicitor General, Melissa Lee Hargis , Austin, TX, for Defendant-Appellant.

Before Stewart, Higginson, and Wilson, Circuit Judges.

The Texas legislature enacted a "sexually oriented business" fee (SOBF) in 2007, imposing a $5-per-customer charge on businesses that serve alcohol in the presence of "nude" entertainment. The SOBF went into effect on January 1, 2008. To avoid this fee, many establishments that featured traditional nude dancing modified...

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