United States Fifth Circuit

In an action challenging a Texas statute that prevents sexually-oriented businesses located in certain political subdivisions from obtaining or renewing permits to serve alcohol, summary judgment for the state is reversed in part where: 1) the statute implicates the First Amendment; 2) intermediate scrutiny applied to the regulation; and 3) under the standard applied, the state failed to justify a substantial governmental interest with any evidence regarding a secondary effect problem.

Appellate Information

• Decided 03/15/2007
• Published 03/15/2007

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before REAVLEY, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• 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., Scott Dean Bergthold, Law Office of Scott D. Bergthold, Chattanooga, TN, for Amici Curiae.


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