Texas
Appeals court says Texas can enforce drag show ban, suggests not all drag shows violate state law
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A federal appeals court has ruled that Texas can enforce a 2023 law that prohibits drag shows in public or when children are present, although the ruling indicates that the judges do not believe all drag shows would be restricted under the measure.
Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. Business owners could face a $10,000 fine for hosting these performances, and performers who violate the law could be slapped with a Class A misdemeanor.
A three-judge panel in the Fifth U.S. Circuit Court of Appeals on Thursday reversed an earlier decision by a district court, returning the case to the district court, according to The Texas Tribune.
In Thursday’s decision, the judges ruled that most of the plaintiffs, which included a drag performer, a drag production company and pride groups, were not found to have planned a “sexually oriented performance,” meaning they could not be harmed by the law that seeks to restrict sexually explicit dances, the outlet reported.
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Senate Bill 12 bans drag performers from dancing suggestively or wearing certain prosthetics on public property or in front of children. (Patrick Lantrip/Daily Memphian via AP, File)
The ruling also suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban.
In September 2023, U.S. District Judge David Hittner ruled that the law was unconstitutional, writing that it “impermissibly infringes on the First Amendment” and that it is “not unreasonable” to believe it could affect activities such as live theatre or dancing.
Critics of the ban have previously argued that GOP lawmakers were attempting to label all drag shows as sexually explicit, as Republicans continue to target the performances in Texas and several other states.
The court found that performances described by a drag production company are arguably sexually explicit, although the ruling does not specifically state which actions were included.
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The ruling suggests that the court does not believe all drag shows are sexually explicit and, therefore, are not impacted by the ban. (Brandon Bell/Getty Images)
“When asked whether the performers ‘simulate contact with the buttocks of another person,’ the owner testified that the performers sit on customers’ laps while wearing thongs and one performer invited a ‘handsome’ male customer ‘to spank her on the butt,’” the ruling said. “When asked whether the performers ‘ever perform gesticulations while wearing prosthetics,’ the owner testified that in 360 Queen’s most recent show, a drag queen ‘wore a breastplate that was very revealing, pulsed her chest in front of people, (and) put her chest in front of people’s faces.’”
Judge Kurt Engelhardt also wrote in a footnote that there is “genuine doubt” that these actions are “actually constitutionally protected —especially in the presence of minors.” He was joined by Judge Leslie Southwick, while Judge James Dennis disagreed.
“That gratuitous dictum runs headlong into settled First Amendment jurisprudence and threatens to mislead on remand,” Dennis wrote in his partial dissent.
The court also removed most of the defendants from the case before sending it back to the district court to reconsider a part of the measure that centers on the Texas attorney general’s job in enforcing the law.
Texas Attorney General Ken Paxton praised the ruling, saying in a news release that he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.”
Texas Attorney General Ken Paxton praised the ruling, saying he “will always work to shield our children from exposure to erotic and inappropriate sexually oriented performances.” (Hannah Beier/Bloomberg via Getty Images)
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“It is an honor to have defended this law, ensuring that our state remains safe for families and children, and I look forward to continuing to vigorously defend it on remand before the district court,” he said.
The plaintiffs and the ACLU of Texas, which represents the plaintiffs, described the ruling as “heartbreaking,” adding that they plan to continue fighting the law.
“We are devastated by this setback, but we are not defeated,” they said in a joint statement. “Together, we will keep advocating for a Texas where everyone — including drag artists and LGBTQIA+ people — can live freely, authentically, and without fear. The First Amendment protects all artistic expression, including drag. We will not stop until this unconstitutional law is struck down for good.”
Texas
NTSB Confirms Texas Tesla Had 100% Floored Accelerator Pedal During Fatal Crash
In an incident that was horrific beyond words, late last month, a stunned family watched in horror as a car plowed into the Katy, Texas home of a 76-year-old mother and grandmother, killing her. The driver has been charged with manslaughter.
In the aftermath of the crash, it emerged that the car in question was a Tesla, and that the driver was making use of full self-driving mode (FSD) around the time the crash occurred. The victim’s family has named Tesla and the driver as defendants in a lawsuit. But per Electrek, Tesla was able to view crash data very quickly after the incident, and the head of AI at the company, Ashok Elluswamy, said the driver “manually overrode self-driving by pressing the accelerator all the way to 100% of the accel pedal in this residential area.”
In the days after the crash, Tesla fans took issue with coverage that characterized the car as in FSD when the crash occurred. CEO Elon Musk seemed to agree, replying to a post, “Yes, this makes no sense. FSD drives slowly through neighborhood streets and this was a high speed crash!”
But Musk seems to be assuming bad faith, as if coverage implied FSD had suddenly shifted into, perhaps, some kind of previously unannounced homicidal maniac mode and attacked a house. If anyone was saying this is what happened, they should apologize. It’s clearly not what happened.
And on Wednesday, the National Transportation Safety Board (NTSB) largely confirmed Tesla’s version of events. Their report reads, in part:
“Electronic data recovered from the vehicle indicated that before the crash, the driver manually overrode FSD (Supervised) by pressing the accelerator pedal to 100%, and the vehicle’s speed was greater than 70 mph when the crash occurred.”
But cooler heads had noted weeks earlier that, like with good old fashioned cruise control, accelerating doesn’t boot you from FSD. The car takes the input, and stays in FSD. The question isn’t one of mechanics and technology, but one of philosophy: if FSD is meant to be “driving” when someone jams on the accelerator in a residential area, FSD may not be the “driver” in one important sense, but the car was still in FSD mode.
Because as much as Tesla would probably like FSD to be a total non-factor in the incident, that may not be the case either.
ABC News noted that, according to court documents, the driver claimed he “passed out” with the car in FSD on the highway, and that’s the last thing he remembers before the crash. He says he wasn’t sick, and medical records show no seizures, cardiac episodes, drugs, or alcohol.
A local Fox affiliate says records show the car was making deliveries for DoorDash while in FSD in the “hours and minutes leading up to the crash.” While in a neighborhood, it apparently signaled it was going to turn left onto one street, but instead the pedal went to the metal. This took the Tesla onto the victim’s cul-de-sac instead, and put it on its fateful collision course with her house.
To make matters weirder, other court records now show, per Electrek, that the driver had Googled the terms, “Tesla fsd not aggressive enough 2026,” “FSD is not aggressive enough for city driving,” and “Tesla fsd too timid.” That’s the kind of thing you Google when you’re looking for a Reddit post from someone sharing your consumer gripe.
In any case, the odds aren’t good that the driver wanted this to happen, nor that Tesla programmed its cars with evil intent. But FSD was being used around the time of this unusual fatal incident, and the public deserves to know more. Fortunately, a lot more will come out as the lawsuit progresses.
Texas
Texas AG secures 23andMe bankruptcy settlement after 2023 data breach
AUSTIN – Texas Attorney General Ken Paxton said Wednesday he has secured a settlement of bankruptcy claims against genetic testing company 23andMe stemming from a 2023 data breach that exposed personal information, including some genetic ancestry data, of 6.9 million customers worldwide.
Paxton’s office said the settlement includes $150 million for a multistate coalition of 42 states. But because of limited funds in 23andMe’s bankruptcy estate and competing claims, the states’ recovery will be $18 million paid immediately, with Texas receiving $1,266,860.
23andMe disclosed in October 2023 that attackers had accessed accounts affecting 6.9 million consumers. Some of the information was later posted for sale on the dark web, according to Paxton’s office, which said the company learned of the breach months after the data became publicly available. The office said 23andMe initially denied a breach and later blamed consumers’ account settings and password practices.
Paxton joined a multistate investigation that concluded 23andMe used unreasonable security practices and failed to implement adequate safeguards against hacking, the office said.
23andMe filed for bankruptcy protection in March 2025. Paxton’s office said the settlement incorporates privacy and cybersecurity requirements, including enhanced security standards, comprehensive risk assessments and creation of an independent advisory board, along with enforcement of state privacy laws and continued consumer data deletion rights.
“Companies that collect and profit from Texans’ most personal information have a legal duty to protect it,” Paxton said in a statement.
The company also agreed to a $46.75 million class-action settlement in the bankruptcy case for affected U.S. consumers who submitted claims by Feb. 17, 2026, Paxton’s office said.
Copyright 2026 by KPRC Click2Houston – All rights reserved.
Texas
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