A state district judge on Friday ruled that Texas may not collect a $5-per-patron strip club fee that went into effect in January to pay for sexual assault prevention programs and health insurance for low-income Texans.

Judge Scott Jenkins wrote in an opinion that the law, “while furthering laudable goals, violates the First Amendment to the United States Constitution and is therefore invalid.”

The Texas Entertainment Association Inc. — a group of adult cabarets — and Karpod Inc., the owner of an Amarillo club, sued the state last year, arguing that Texas could not tax constitutionally protected speech based on content.

Jenkins wrote that the charge singled out business activity involving nude erotic dancing, “expression that, while politically unpopular, is nevertheless protected.”

Last year, the Legislature created the fee, which was expected to raise $44 million a year.

Jerry Strickland, a spokesman for Texas Attorney General Greg Abbott, said the state “will vigorously appeal” the ruling.

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