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COMBS v. TEXAS ENTERTAINMENT ASSOCIATION, INC.

No. 09-0481.

347 S.W.3d 277 (2011)

Susan COMBS, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas, Petitioners, v. TEXAS ENTERTAINMENT ASSOCIATION, INC. and Karpod, Inc., Respondents.

Supreme Court of Texas.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Attorney General Greg W. Abbott , Attorney General of Texas, Clarence Andrew Weber , Kelly Hart & Hallman LLP, David S. Morales , Deputy First Assistant Attorney General, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, Danica Lynn Milios , James C. Todd , Christine Monzingo , Peter Carl Hansen , Office of the Attorney General, Austin, for Susan Combs.

George Stewart Whitehead , Winstead P.C., Craig T. Enoch , Enoch Kever PLLC, Elliot Clark , Winstead P.C., Douglas M. Becker , Toni Hunter, Gray & Becker, P.C., Kelly Hilgers Winship , Winstead P.C., Austin, for Texas Entertainment Association, Inc.

Christopher D. Kratovil , Stephen Michael Dacus , K&L Gates LLP, Dallas, for Amicus Curiae Ellen Cohen.

Justice HECHT delivered the opinion of the Court.

A Texas statute requires a business that offers live nude entertainment and allows the consumption of alcohol on its premises to remit to the Comptroller a $5 fee for each customer admitted. We are asked to decide whether the statute violates the right to freedom of speech guaranteed by the First Amendment to the United States Constitution. We hold it does not. We reverse the judgment of the court of appeals

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