Overview
- The Fifth Circuit withdrew its November opinion, denied rehearing, and reissued a largely identical decision that permits enforcement of SB 12 next month.
- Judges said most plaintiffs did not show they plan to stage a legally defined "sexually oriented performance," leaving only 360 Queen with a potential claim.
- Under SB 12, covered performances can bring $10,000 fines for businesses and Class A misdemeanor charges for performers.
- The court removed most defendants and sent the case back to the district court to address the attorney general’s enforcement role and to evaluate 360 Queen’s First Amendment challenge.
- The panel signaled disagreement over First Amendment protections, the ACLU of Texas vowed to continue the case, and reports differ on the start date for enforcement, cited as March 12 or March 18.