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The NY State Supreme Court Let’s Us Know That No, Lap Dances Aren’t Art (and Can Be Taxed)

Oct. 23, 2012 12:24pm
New York Supreme Court Rules Lap Dances Arent Art, Can Be Taxed

Attorney W. Andrew McCullough, representing the strip club Nite Moves, and his client Stephen Dick, Jr. emerge from the New York State Court of Appeals on Wednesday, Sept. 5, 2012 in Albany, N.Y.. Credit: AP

ALBANY, N.Y. (AP) — A sharply divided court in New York says lap dances don’t promote culture in a community the way ballet or other artistic endeavors do, and so shouldn’t get a tax break.

The state’s top court split 4 to 3. Dissenting justices conclude there’s no distinction in state law between “highbrow dance and lowbrow dance,” so the case raises “significant constitutional problems.”

The lawsuit was filed by Nite Moves, an adult club in suburban Albany that was arguing its fees for admission and private dances are exempt from sales taxes.

The court majority says taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for “dramatic or musical arts performances” meant to promote culture.

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Comments (50)

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  • TedBohne
    Posted on October 23, 2012 at 3:13pm

    Looks like the you Christian’s girlfriends are going to have to pay their fair share of taxes, your lapdances are going to cost more, how are you “christians” going to explain the missing money to your slave wifes.

    TedBohne  
    • JRGJR
      Posted on October 23, 2012 at 3:18pm

      Idiot, crawl back under your rock

      Report this comment

      JRGJR  
    • TulsaYeeHaw
      Posted on October 23, 2012 at 9:12pm

      By converting to islam and having several wives.

      Report this comment

      TulsaYeeHaw  
    • Secret Squirrel
      Posted on October 23, 2012 at 9:39pm

      .
      It’s always about the taxes, isn’t it.
      They’re never enough, and the left always wants more.
      Never mind what the activity is.

      Hey, maybe we can tax gang murders in Chicago.
      Now there’s a cash cow.

      Report this comment

      Secret Squirrel  
  • pandora
    Posted on October 23, 2012 at 2:11pm

    If they want to balance the budget, they should tax masturbation.

    Report this comment

    pandora  
    • kennycannon
      Posted on October 23, 2012 at 3:12pm

      lol. even at a dollar per “session” it would probably be balanced in a week.

      I agree with the court on this one. I’m not one for banning things but I’ve gotten plenty of lap dances in my younger years and I’ve never had one where the girl didn’t whisper in my ear asking me if I “wanted more”. I think in a lot of places lap dances are the gateway to prostitution. But then again, I’d be in favor for legalizing prostitution as long as it’s regulated with STD testing and HEAVILY taxed.

      Report this comment

      kennycannon  
  • pandora
    Posted on October 23, 2012 at 2:09pm

    Lap dances are taxable? So…do I ask her for a receipt? :)

    Report this comment

    pandora  
    • MN NICE
      Posted on October 23, 2012 at 2:48pm

      Nope… She’ll have a “tramp stamp” that says “get receipt here \!/”

      Report this comment

      MN NICE  
  • progressiveslayer
    Posted on October 23, 2012 at 2:04pm

    Wango you out there? Do you have to pay a tax when you get your gay lap dance?

    Report this comment

    progressiveslayer  
  • Jenasus
    Posted on October 23, 2012 at 1:58pm

    The Demoncrats war on women continue. Now they want to tax their *****.

    Report this comment

    Jenasus  
  • Murkman
    Posted on October 23, 2012 at 1:47pm

    Anybody who says a well executed lap dance isn’t art hasn’t had one.

    Report this comment

    Murkman  
  • Proverbs17-12NLT
    Posted on October 23, 2012 at 1:34pm

    You can blow 2 oz. of your load and not be taxed, but 3 oz. will be taxed.

    Report this comment

    Proverbs17-12NLT  
  • justangry
    Posted on October 23, 2012 at 1:21pm

    Obviously the court has never seen the side show in Tijuana with little Pepe and the donkey.

    Report this comment

    justangry  
    • kennycannon
      Posted on October 23, 2012 at 3:14pm

      They’ve never traveled to South Of The Boarder on the way to Florida either.

      Report this comment

      kennycannon  
  • Mr.Fitnah
    Posted on October 23, 2012 at 1:14pm

    Then tax ballet and all that high brow tripe.Tax churches and those islamic bomb factories as well.

    Report this comment

    Mr.Fitnah  
  • huey6367
    Posted on October 23, 2012 at 1:12pm

    Maybe I should start loking for other forms of under the table work (no pun).

    Report this comment

    huey6367  
  • RaydocX
    Posted on October 23, 2012 at 1:12pm

    Kansas City banned the nude portion of the ‘juice bars’ (they originally banned alcohol and nudity, thinking that would close places down) a few years ago…
    it’s a wonderful statement on the ‘tolerance’ of the left if your view is not theirs… the business owners paid for the buildings under the prior laws, paid their employees, and were not a danger or blight on the surrounding town. The government came in and screwed the owners and dancers alike, and all without so much as buying them dinner with the taxes thay had paid, first.

    Report this comment

    RaydocX  
  • huey6367
    Posted on October 23, 2012 at 1:11pm

    Good luck collecting that tax. Are strippers supposed to give change (coin) to customers so they can obey the tax law?

    Report this comment

    huey6367  
  • SCREW-WINDOWS
    Posted on October 23, 2012 at 1:09pm

    Just curious but how many Judges were gay ?

    Report this comment

    SCREW-WINDOWS  
    • The Jewish Avenger
      Posted on October 23, 2012 at 2:42pm

      The NY State Supreme Court…

      Hmmm… what are the odds that they’re gay?

      Lets talk about it over a 15.9 oz drink of soda.

      Report this comment

      The Jewish Avenger  
  • scrapadapolis
    Posted on October 23, 2012 at 1:06pm

    Sounds to me like Albany is promoting the sex trade.Hense being a ****** and paying taxes is nolonger a crime.As long as the albany crooks get their cut..Now how about open carry and restore our 2nd ammendment rights to own pistols without government intervention..

    Report this comment

    scrapadapolis  
  • jackact
    Posted on October 23, 2012 at 1:01pm

    All true blue states tax anything that walks.
    When all of your federal income taxpayers leave the state, this is what happens.
    Romey gets critized by the MSM for alluding to the 47%.
    In NY that figure has past 50% and is rapidly climbing.
    Think of that when Andrew Cuomo’s name gets pulled out of the rabbit hat in the future.

    Report this comment

    jackact  
    • jackact
      Posted on October 23, 2012 at 1:12pm

      Sh**! …I forgot to check the story editor.
      Do not post commentary on anything Jonathan Siedl writes.
      This neo-con has a hard-on (if neo-cons can even muster one) for Dinesh D’Souza.
      I’ll be more careful next time.

      Report this comment

      jackact  
  • VanGrungy
    Posted on October 23, 2012 at 1:01pm

    This is good news. Part of the downfall of the Germans post WW1 was the complete loosening of morals in the community.
    At least one aspect of Wiemar is being resisted

    Report this comment

    VanGrungy  
  • Dismayed Veteran
    Posted on October 23, 2012 at 12:58pm

    Does this mean I can’t write the dances off as a donation to the National Endowment for the Arts?

    Report this comment

    Dismayed Veteran  
  • The-Monk
    Posted on October 23, 2012 at 12:42pm

    Does this open the door to hire more IRS agents to hang around those places?

    It is a cash business, I hear, so how are they going to enforce this?

    Report this comment

    The-Monk  
    • afishfarted
      Posted on October 23, 2012 at 12:49pm

      And I hear the dancers get naked, too. Don’t know, just hear.
      Wanna buy a bridge ??

      Report this comment

      afishfarted  
    • Cavallo
      Posted on October 23, 2012 at 12:53pm

      The tips will be hard to track although they may come up with a standard amount sooner or later. The business itself will be taxed as it collects door fees and sells drinks, etc. Depending on the establishment the dancers might have to pay for the privileged of dancing there. That revenue would be taxed. The IRS is one of the most arbitrary and vile branches of the government. If you get on their gestapo radar you can be in serious trouble.

      Report this comment

      Cavallo  
  • Gary_K
    Posted on October 23, 2012 at 12:41pm

    Gotta make this thread newsworthy.

    http://www.infowars.com/russian-foreign-minister-u-s-playing-geopolitical-game-in-the-middle-east/

    Report this comment

    Gary_K  
    • UBETHECHANGE
      Posted on October 23, 2012 at 1:12pm

      Get your head out of your a**. Alex Jones is an anti-semitic paid russian agent to spread disinformation and propaganda. Russia is in bed with Iran and they want to destroy the west, America, and Israel and like radical Islam control the world. In the end they will be fighting each other. Communism vs Islamofascism. Both evil. God will have His wrath with all the forked tongue deceivers who are against Israel and the righteous. God will have His wrath on anyone who plans Israel’s destruction. Bank on it. You are on the wrong side of history my friend.

      Reverend Martin Luther King Jr:

      “Israel’s right to exist as a state in security is uncontestable.”

      “Peace for Israel means security, and we must stand with all our might to protect its right to exist, its territorial integrity. I see Israel as one of the great outposts of democracy in the world, and a marvelous example of what can be done, how desert land can be transformed into an oasis of brotherhood and democracy. Peace for Israel means security and that security must be a reality.”

      “I solemnly pledge to do my utmost to uphold the fair name of the Jews — because bigotry in any form is an affront to us all.”

      “When people criticize Zionists they mean Jews, you are talking anti-Semitism.”

      Report this comment

      UBETHECHANGE  
    • Gary_K
      Posted on October 23, 2012 at 5:58pm

      UBETHECHANGE

      haha haha haha haha off your meds?

      Report this comment

      Gary_K  
  • pap pap
    Posted on October 23, 2012 at 12:37pm

    I believe that lap dances are much more titalating than ballet, and are much more satisfying and that the justices are discriminating based upon pleasure.

    Report this comment

    pap pap  
    • SCREW-WINDOWS
      Posted on October 23, 2012 at 1:04pm

      Don’t bring up discrimination as that will lead to wealth redistribution and other discriminations as the good looking ones will have to share their piece of the pie with the ugly ones and it just gets more complicated from there.

      Report this comment

      SCREW-WINDOWS  
    • Valezka.Vidra
      Posted on November 4, 2012 at 10:50pm

      LOL, plus wives can get their hubbies way more ecstatic over two tickets to the tittie bar than to the Nutcracker (pun totally intended!!!!!!!!!)!

      Report this comment

      Valezka.Vidra  
  • FEMALL
    Posted on October 23, 2012 at 12:34pm

    Dang-it. There goes another Obama Campaign Contribution Appeal…

    Report this comment

    FEMALL  
  • crusaderx9
    Posted on October 23, 2012 at 12:32pm

    A good female lap dancer is more of an artist than the liberal fool who placed a Crucifix in a jar of urine…

    Report this comment

    crusaderx9  
  • Gonzo
    Posted on October 23, 2012 at 12:31pm

    Try the religious organization exemption. The guys paying are worshiping the female form!

    Report this comment

    Gonzo  
  • Cavallo
    Posted on October 23, 2012 at 12:30pm

    It’s NY. Haughty men with letters after their name or titles have been telling the people how to live there for many many years.

    Report this comment

    Cavallo  
  • Gary_K
    Posted on October 23, 2012 at 12:25pm

    Oh darn.

    Report this comment

    Gary_K  
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