The Texas Alcoholic Beverage Commission (TABC) issued licenses for adult stores in 1986, and renewed them annually until 1997 when they were suspended without warning or notice. Larry Flynt's company sued TABC for the suspension of its Hustler XXX store in San Antonio, which was part of an extensive chain of adult bookstores and video arcades across the state. Flynt argued that he had paid his taxes and followed all regulations, but this did not prevent him from losing his license. Two weeks after the lawsuit was filed, the state attorney general announced that he would appeal it to the Supreme Court. The case is still pending, so there are no definitive answers yet about how it will turn out.
In addition to the court battle, Flynt also accused Governor George W. Bush of trying to silence his political opponents through intimidation tactics like these license suspensions. At one point during the legal proceedings, Bush said he would have no comment on whether or not he knew about the license revocations beforehand. However, he did admit later that he had been involved in discussions about limiting access to "obscene" materials at other times during his administration. It is unclear if this was related to Flynt's case specifically. Either way, it shows just how much power politicians can wield over our lives even when we think they aren't directly interfering with us personally.
During a hearing for Flynt's appeal against TABC's decision to revoke their licenses, Flynt's lawyer argued that the agency had unfairly targeted them because they sold Hustler magazine. He claimed that other retailers selling similar magazines were not being punished as harshly. Furthermore, they contended that the agency had acted without due process by not providing adequate notice before issuing the suspension orders. After reviewing evidence presented during the trial, Judge Lilly issued an injunction which ordered TABC to return their licenses while the suit continued until its conclusion. This allowed Flynt and other affected store owners to continue operating in Texas despite facing possible closure from state regulators.
However, there are still some important questions left unanswered regarding what constitutes "explicit content" under Texas law and how it should be regulated in order for adult businesses to remain open legally. For example, does including depictions of sexual activity make any material explicit? Are there legal limits for what types of images or videos adult stores can display on premises? These issues will likely come up again as more cases involving these types of disputes arise between government officials and retailers. Until then, it remains up to individuals like you and me to decide whether we believe adult businesses should have freedom of expression under the Constitution or if certain forms of media should only be accessible behind closed doors.
In 1997, several Texas-based adult retailers faced license suspensions after complaints about obscene content at Hustler Magazine shops across the state. Larry Flynt's company sued the Texas Alcoholic Beverage Commission (TABC) over this decision because they felt that it was unfair targeting of a legal business. The case is still pending, but it has shed light on how powerful politicians can use their power to shut down small businesses. We need to ensure that our laws protect everyone equally—including those selling magazines with sexually explicit images—to ensure that all Americans enjoy equal rights regardless of personal beliefs or background.