AUSTIN, Texas—Strip clubs in the state of Texas signaled their intention to appeal a federal court's ruling in a case challenging a law that prohibits adults aged 18 to 20 from working at such establishments, Bloomberg Law reports.
The plaintiff class, led by the trade group the Texas Entertainment Association, maintains the Texas state legislature and Republican Gov. Greg Abbott infringed on their First Amendment rights by advancing Senate Bill (SB) 315 during the 2021 legislative session. SB 315, presented as a measure to curtail human trafficking, prohibits adults 18 to 20 from being employed at adult entertainment clubs and bookstores, as defined in state statutes.
SB 315 covers everyone at adult entertainment venues—dancers, bartenders, janitors, parking attendants, etc.
Plaintiffs argue that SB 315 is unreasonable. Per the law, violators are subject to a misdemeanor criminal charge and a potential administrative penalty. Senate Bill 315 amended the hazardous occupations, child labor, and sexually oriented business provisions to make it illegal for anyone under 21 years. The statute refers to someone 18 to 20 years old as a "child."
The case is Texas Entertainment Association et al v. Ken Paxton and Ed Serna. The plaintiffs are represented by Cleveland, Ohio-based First Amendment attorney J. Michael Murray and local counsel.
The adult entertainment companies filed a notice of appeal in the U.S. District Court for the Western District of Texas to appeal the case to the notoriously conservative U.S. Fifth Circuit Court of Appeals. Fifth Circuit judges are likely to take up the case. However, it is likely the state will prevail during the appeal, forcing the Texas Entertainment Association and its adult entertainment venues to take their case to the Supreme Court.
U.S. District Judge Robert Pitman ruled in April 2024 that Texas officials can enforce the law to potentially curb human trafficking at sexually oriented businesses throughout the state. An appointee of former President Barack Obama, Pitman said the law doesn't violate the First Amendment because it doesn't add a substantial burden on the speech practiced by the adult entertainment establishments.
Note that Pitman has made strong First Amendment rulings in the past, including his ruling that Texas cannot remove LGBTQ+ books from school library bookshelves. He also ruled against Texas Attorney General Ken Paxton for enforcing a law that violates Section 230 of the Communications Decency Act of 1996.
