Combs v. Texas Entertainment Association, et al., 347 S.W.3d 277 (Sup. Ct. Tex. 2011)

(respondents challenge Texas statute requiring business offering live nude entertainment and consumption of alcohol on premises to remit $5 fee for each customer admitted to state comptroller; Texas Supreme Court concluded fee was “content-neutral” and satisfied four-part “O’Brien” test, thus, did not violate First Amendment; $5 fee was minimal restriction on business and business seeking to avoid fee need only bar alcohol consumption; state met “O’Brien” factors, because state’s interest unrelated to suppression of free expression and restriction on freedoms under First Amendment no greater than essential to further state’s interest; Texas Court of Appeals ruling reversed and case remanded to trial court to consider issues raised by respondents).