Texas- A federal judge has barred the Texas Alcoholic Beverage Commission from seizing material it deems obscene without getting a ruling from a judge, saying the practice violates the constitutional protection of free speech.

U.S. District Judge Gray Miller, ruling in a lawsuit by a distributor of adult materials, also struck down as unconstitutional the statute the TABC was enforcing in seizing magazines, videos and other materials.

The ruling late Monday marked the second time this year that the agency has been taken to task for overzealous enforcement.

Complaints from prosecutors, the public and legislators earlier this year forced the TABC to suspend a program aimed at arresting intoxicated bar patrons.

“It goes to show the cowboy mentality of the TABC agents,” said Michael Lamson, attorney for Houston-based Carico Distributing Co., which sued the agency in 2003.

Neither the TABC nor the Texas Attorney General’s Office, which represented the agency in court, would comment on the case.

Lamson said the TABC could appeal or wait for the Legislature to rewrite the law.

In ordering a permanent injunction banning seizures by the TABC, Miller wrote that materials can be seized only after a judge determines they are obscene.

“The TABC may not simply designate materials ‘obscene,’ and then proceed from that untested premise,” Miller wrote. “The law demands a judicial determination that this designation is accurate.”

Miller also struck down as unconstitutionally vague a law that forbids the possession or display of “immoral, indecent, lewd or profane” materials by merchants holding TABC licenses or permits.

“It cuts a wide and broad swath across territory covered by the First Amendment,” Miller wrote. He said non-obscene erotic movies and books, “while not enjoying a favored or central place in the First Amendment landscape,” are nevertheless protected.

Carico sued in 2003 to halt raids on convenience and liquor stores distributing its adult magazines, videos and CDs.