A Texas state judge has moved to resume a civil enforcement lawsuit against adult site conglomerate Aylo, the parent company of Pornhub, just hours after the U.S. Supreme Court upheld the constitutionality of the state’s age-verification law for adult websites.

The state-level case, initially filed by Attorney General Ken Paxton in early 2024, seeks more than $1.6 million in fines from Aylo for allegedly violating House Bill 1181, which mandates that adult sites implement government ID-based age checks to restrict access by minors.

The enforcement action had been paused pending the outcome of a related federal case. However, after the Supreme Court ruled 6-3 in favor of Texas last month, upholding the law as a legitimate, constitutionally valid means of protecting minors, a Travis County District Court judge lifted the hold and allowed the case to proceed.

According to filings, Paxton’s office is seeking $10,000 per day in penalties, dating back to September 19, 2023, when HB 1181 took effect. If those fines are calculated continuously to the present day, Aylo could face penalties exceeding $3.2 million.

The resumption of the state lawsuit coincides with the ongoing parallel federal case, Free Speech Coalition, Inc. v. Paxton, in the Western District of Texas. Although the U.S. Supreme Court’s decision effectively closed the door on First Amendment-based arguments, plaintiffs, led by the Free Speech Coalition (FSC) and a group of adult websites, plan to proceed with claims centered on due process, excessive fines, and lack of clear legal guidance.

In a status conference held Thursday, FSC’s attorneys confirmed their intention to pursue unresolved claims, particularly those related to whether the state provided fair notice to businesses and if the financial penalties are excessive under constitutional standards.

Senior U.S. District Judge David Alan Ezra, who initially blocked the law in 2023 due to constitutional concerns, has expressed skepticism about the law’s real-world effectiveness.

“It just isn’t doing anything effectively,” Ezra said during the hearing, noting that users can easily bypass restrictions using VPNs. He added that no dispositive motions should be filed until at least mid-2026, urging the parties to proceed cautiously.

Despite ongoing litigation, Aylo is reportedly considering reentering the Texas market, according to the company’s attorney, Scott Cole. Speaking outside federal court on Thursday, Cole said the company is re-evaluating its stance in light of the Supreme Court’s ruling and may choose to implement the state’s required age-verification standards to resume operations.

Pornhub had exited the Texas market in March 2024, rather than comply with HB 1181’s provisions or risk mounting fines.

“Everyone’s reevaluating the new landscape after the Supreme Court opinion,” Cole said.

However, concerns remain among digital rights advocates and legal analysts about the law’s privacy implications. While the statute bars companies from storing IDs, it does not prohibit the sharing of data with third parties—a point that has been raised during legal challenges.

The FSC has yet to publicly comment on the resumption of the state case or on Aylo’s potential return to Texas. However, Bloomberg Law’s Ryan Autullo reports that internal discussions within the industry suggest a long legal road ahead, even without First Amendment protections in play.

As the litigation progresses, the outcome of state-level enforcement and the interpretation of due process and fines provisions in federal court could significantly impact how adult websites manage compliance, not only in Texas but also across other states implementing similar laws.

The case, Free Speech Coalition, Inc. v. Paxton, remains active under docket number 1:23-cv-00917 in the U.S. District Court for the Western District of Texas.