Encore Videos, Inc. v. City of San Antonio

United States Court of Appeals
Fifth Circuit
F I L E D
December 4, 2003
UNITED STATES COURT OF APPEALS
Charles R. Fulbruge III
FIFTH CIRCUIT Clerk

___________

No. 00-51119
____________

ENCORE VIDEOS, INC.,

Plaintiff - Appellant,

versus

CITY OF SAN ANTONIO,

Defendant - Appellee.

Appeal from the United States District Court
for the Western District of Texas

Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS,* District Judge.

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.

*
District Judge of the Northern District of Texas, sitting by designation.