Janie Passel, Petitioners v. Fort Worth Independent School District, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the courts of equity have jurisdiction to determine the constitutionality of Article 301d and that the plaintiffs were not required to exhaust administrative remedies before seeking declaratory and injunctive relief. The Court remanded for further fact-finding on the clubs' impact and declined to grant a temporary injunction at this stage. Justice Smith dissented, arguing the statute is unconstitutional as applied to the charity clubs.