100 F.4th 657
5th Cir.2024Background
- DC Operating, LLC, which operates a strip club in El Paso, Texas, and two of its employees challenged the constitutionality of Texas S.B. 315.
- S.B. 315 raises the minimum employment age for workers in sexually-oriented businesses from 18 to 21 to curb human trafficking.
- The plaintiffs sued state and local officials, arguing the law unconstitutionally restricted the rights of employees aged 18-20.
- The district court upheld the statute, and plaintiffs appealed the decision to the Fifth Circuit.
- By the time of the appeal, both employee-plaintiffs had turned 21, raising mootness concerns.
- The Fifth Circuit dismissed the appeal for lack of jurisdiction, finding both lack of standing for the business plaintiff and mootness for the employee plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of Business | Law infringes rights of employees, harming the business | Business not asserting its own rights | Business lacks standing |
| Expressive/Liberty Rights | Employees have expressive interest in nude dancing and occupational freedom | Law validly regulates minimum employment age | Only employees' rights are implicated |
| Overbreadth Claim | Can challenge on behalf of affected employees | Article III injury required even for overbreadth | Overbreadth claim barred by lack of Article III |
| Mootness (Employees) | Claims still viable due to other potential affected parties | Plaintiffs are now 21, so claims moot | Employee claims are moot, as they are now over 21 |
Key Cases Cited
- Warth v. Seldin, 422 U.S. 490 (plaintiff must assert own legal rights for standing)
- Sec’y of State of Md. v. Munson Co., 467 U.S. 947 (overbreadth doctrine and standing requirements)
- Va. v. Am. Booksellers Ass’n, Inc., 484 U.S. 383 (third-party standing and mootness in First Amendment cases)
- Church of Scientology of Cal. v. United States, 506 U.S. 9 (cases become moot when no effectual relief can be granted)