U.S. Court of Appeals for the Fifth Circuit, 2003

Encore Videos, Inc. v. City of San Antonio

Encore Videos, Inc. v. City of San Antonio
U.S. Court of Appeals for the Fifth Circuit · Decided December 4, 2003 · Smith, Garza, Cummings
352 F.3d 938; 2003 WL 22870076 (Federal Reporter, Third Series)

Encore Videos, Inc. v. City of San Antonio

Opinion

*939 BY THE COURT:

We clarify our opinion, 330 F.3d 288, by stating the following: The opinion does not overrule SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir. 1988). Indeed, no panel has the power to overrule the opinion of a previous panel. Patterson v. Mobil Oil Corp., 335 F.3d 476, 485 (5th Cir. 2003). In addition, the ordinance at issue was found not to be narrowly tailored because of both its failure to make an on-site/off-site distinction and its low 20% inventory requirement.

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