Overview
- The appeals court limited standing to a single plaintiff, San Antonio–based 360 Queen Entertainment, and dismissed other plaintiffs for lack of injury.
- Judges said most challengers failed to show their events are arguably covered by the statute because the trial record did not establish performances that are erotic.
- The ruling lifts the prior block, permitting Texas to enforce criminal restrictions related to minors and civil penalties for venues while the case proceeds.
- Judge James L. Dennis dissented in part, criticizing the majority for overlooking legislative statements framing the measure as a drag ban and for First Amendment missteps.
- The decision reverses a 2023 ruling by a Houston federal judge that struck down S.B. 12, sending the case back under the stricter Moody facial-challenge test.