Nat'l Fed'n of the Blind, et al. v. Abbott, No. 10-10236 (5th Cir. 2011)Annotate this Case
In 2009, Texas enacted a statutory scheme (the Act), Tex. Bus. Com. Code Ann. 17.921-17.926, where the Act required "for-profit entities" to make certain disclosures when collecting donated clothing or household goods through "public donation receptacles," when making telephone or door-to-door solicitations, and when making mail solicitations. Plaintiffs (charities) brought a constitutional challenge to the Act alleging that it violated the First and Fourteenth Amendments. The Attorney General subsequently appealed certain portions of the district court's holding that portions of the statutory scheme were unconstitutional. The court held that the charities lacked standing to challenge the (c) provisions and therefore, the portion of the district court's opinion addressing the constitutionality of the (c) provisions was vacated. The court also held that the portion of the district court's opinion holding that part of section 17.922(d) that read "and a flat fee of (insert amount) is paid to (name of charitable organization)" was unconstitutional was affirmed. The court further held that the sold-for-profit disclosure requirements scattered throughout the Act were constitutional and the district court's contrary conclusion was reversed. Therefore, the case was remanded with instructions to dismiss any claim based on the (c) provisions for want of jurisdiction and for further proceedings, if any, consistent with this opinion.