Strip Club ‘Pole Tax’ is Constitutional, Texas Supreme Court Rules
- Posted on August 26, 2011 at 6:44pm by
Madeleine Morgenstern
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The Texas Supreme Court ruled unanimously Friday a $5 "pole tax" on strip clubs is constitutional. (Texas Tribune)
The Texas Supreme Court unanimously ruled a $5 entrance fee for strip clubs is constitutional and does not constitute an improper restriction on nude dancing.
Lower courts had previously said the so-called “pole tax” violated the First Amendment by placing an undue burden on free expression.
But the all-Republican state supreme court said in Friday’s ruling that the $5 fee is too small to be considered a burden, and that the state has a legitimate interest in curbing the “secondary effects of nude dancing when alcohol is consumed,” like potential violence.
The Texas legislature passed the Sexually Oriented Business Fee Act in 2007, affecting establishments that feature nude dancing and sell alcohol. Proceeds go to sexual assault prevention programs and support low-income health insurance. Club owners sued, arguing the “sin tax” violated free expression.
According to the ruling, because the fee is not aimed specifically at nude dancing and clubs can “avoid the fee altogether simply by not allowing alcohol to be consumed,” it is not unconstitutional.
Stewart Whitehead, attorney for the Texas Entertainment Association, said the strip club group may appeal to the U.S. Supreme Court as an issue of free speech, or go back to the trial court to challenge the fee as an improper occupations tax under the Texas Constitution.
Texas requires 25 percent of an occupations tax to go to public education, which does not happen with the strip club fee, Whitehead said.
According to the Texas Tribune, many strip club owners stopped paying the tax while the case worked its way through the legal system. Only 111 of the state’s 176 establishments paid the fee over the last four years, generating about $14.5 million — money that has sat in a bank during legal proceedings.
The state comptroller’s office told the Tribune it will likely ask all unpaid clubs to pay up — with interest — in the near future.
The Associated Press contributed to this report.
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Ranger76
Posted on August 28, 2011 at 11:36amMons Venus in Tampa charges $20 to get in the door.
Report Post »I’d gladly pay an extra $5 to drink a real beer.
MightyInfantry
Posted on August 27, 2011 at 9:53pmsimple build your club and have the bar in one half of the building separated by a door and have two different business licenses bam there you go. Walk through the door into the other business have a drink walk back to the other business look at jugs.
Report Post »cromag11b
Posted on August 27, 2011 at 5:41pmWait what? The flagship Right Wing state is introducing a tax burden?
Report Post »ENDtheFED2012
Posted on August 27, 2011 at 7:22amHere’s a way for Strip Club owners to get around this tax easily.
1-Buy a plot of land zoned for strip clubs and bars.
Report Post »2-Build/open up a non-alcoholic strip club.
3-Build a bar next to the strip club.
nptden
Posted on August 26, 2011 at 11:06pmNext will be the Pee Tax. Every time you use the toilet.
Report Post »tower7femacamp
Posted on August 27, 2011 at 6:42amthe carbon tax already taxes the air we breath….
Report Post »cause I’m the taxman yeah !!!
markdido
Posted on August 27, 2011 at 1:16pmThere was one on London when I was stationed there in the early 80′s
To use public toilets, such as in the Tube stations (London Underground) cost 2 pence
We called it 2P to pee…
Report Post »texasfarmer
Posted on August 27, 2011 at 1:48pmNo, next they will tax thingie.
Report Post »SamIamTwo
Posted on August 28, 2011 at 10:16ambreastfeeding tax up and coming. lol
Report Post »Ranger76
Posted on August 28, 2011 at 11:38amCalled a bathroom attendant, always a democrat too.
Report Post »(at least at the high end strip clubs).
Ffatcat
Posted on August 26, 2011 at 11:05pmThis is someone pushing their beliefs onto others and then charging them for it.
“According to the ruling, because the fee is not aimed specifically at nude dancing and clubs can “avoid the fee altogether simply by not allowing alcohol to be consumed,” it is not unconstitutional.”
Next they’ll say: “Well if none of the dancers are fully nude… don’t take their top off… have dark lighting… whatever.”
Point being: It is not against the law to drink, work in a strip club, or visit a strip club. Like many other BS taxes this needs to stop. Taking taxes in this fashion does not stop anything, it only empowers the government.
Report Post »StonyBurk
Posted on August 27, 2011 at 8:29amI have no problem with it–but would raise the tax to $10.00 per visit— most people who visit such establishments spend much more than that either in the joint –or in purchase of whatever drug of choice they bring into such establishments. I find No problem in the tax except it is way too small.
Report Post »Public Enema
Posted on August 27, 2011 at 9:09amI bet ur one of those people that hates taxes…“unless I agree with it”. Hey D-bag ALL taxes suck. You should be ashamed.
Report Post »margaret1977
Posted on August 26, 2011 at 10:24pmWell i know for sure no poll can survive Michelle Obama ! She is way way way toooo heavy! She needs to eat a lot of peas!
Report Post »Cold War Vet
Posted on August 27, 2011 at 3:23amThat’s a disturbing visual…
Report Post »Netsurfer2
Posted on August 26, 2011 at 9:55pmJust like the Libs want! You might as well tax everything so that you can increase your government size. This tax really sucks! Not like you have enough to worry about when in a strip club, high cost of a small cup of pepsi, high costs in everything and now even to watch. Taxes, taxes, taxes!
Report Post »cromag11b
Posted on August 27, 2011 at 5:47pmMight want to change that to ‘Conservatives’ seeing as how Texas is the reddest of red states.
Report Post »SamIamTwo
Posted on August 28, 2011 at 10:18amProperty tax in TX can be hefty.
Report Post »Bill Rowland
Posted on August 26, 2011 at 9:49pmThe dancers for tonights perfornance are: Cynthia McKinney, Sheila Jackson-Lee, Barbara Boxer,Diane Feinstein,Nancy “the queen of botox” Pelosi,Barbara McClusky,Maxine Waters,Fredrica Wilson,Mary Landreau, Marcy Kepton. All the liberals who whould be looking for jobs after 2012.
Who wouldn’t pay $5.00 to see that show.
lee
Report Post »margaret1977
Posted on August 26, 2011 at 10:21pmLOL When i read Jackson Lee i almost threw up ! LOL LOL LOL
Report Post »Bill Rowland
Posted on August 27, 2011 at 12:42amschultzI forgot Debbie Wasermann
Report Post »Public Enema
Posted on August 27, 2011 at 9:11ammaybe im twisted but id pay to see that hahahaha…..
Report Post »rightwinglefty
Posted on August 26, 2011 at 9:48pmIs it a “pole tax” or a “poll tax”?
Report Post »The_Hut_In_Co
Posted on August 26, 2011 at 9:08pmLeave the Polish people out of this! WTH!
Report Post »ProudInfidel
Posted on August 26, 2011 at 9:06pmWell I assume they charge this ‘pole’ tax as I LEAVE the club. After all I don`t have one on the way INTO the club but I sure do on the way out.
Report Post »The_Hut_In_Co
Posted on August 26, 2011 at 9:09pmI ain’t goin there!
Report Post »SacredHonor1776
Posted on August 26, 2011 at 8:56pmSo many ‘good’ high and mighty sanctimonius Republicans complaining about this tax? Hahahahhaha. What, can’t get your jollies without paying five extra dollars?
…or would you have rather shut the place down?
I mean seriously this thing sounds more like a ‘morality’-based tax? Something that would come out of a big gubermant right-wing progressive.
Report Post »The-Monk
Posted on August 26, 2011 at 8:48pmThey actually called it the SOB fee?
Report Post »henryKnox
Posted on August 26, 2011 at 8:23pmThere probably is no hope for Liberty. What’s next a tax to go to the grocery store? They used to require a tax be paid to vote, but that was ruled unconstitutional ( they called it a poll tax).
Report Post »timej31
Posted on August 26, 2011 at 7:48pmStrip clubs are full of stupid people. Usually most patrons are progressive types. Especially the women that fit the progressive model. Broken home, without both parents around, HS drop out, having sex, doing drugs and no morals. Progressive.
Report Post »TwoMinuteMan
Posted on August 26, 2011 at 8:00pmSpoken like someone who doesnt know what they are talking about.
The art of the Pole Dance ranks right up there with any gymnastic or ballet performance.
Report Post »lonewolf57
Posted on August 26, 2011 at 8:11pmYeah,Republicans would rather be caught in bathroom stalls playing footsie with an undercover cop, with prostitutes,hitting on male pages,or just being your average everyday adulterer.Sin has no ideology
Report Post »TwoMinuteMan
Posted on August 26, 2011 at 7:46pmUnless they are going to levy this tax on all entertainment or “artistic” expressions it should be struck down. Movie theaters, sporting events and live theater should have the same exact tax.
Singling out one aspect of the entertainment industry that caters to adults is just wrong.
Report Post »J4YM3
Posted on August 26, 2011 at 7:37pmUK’s Margaret Thatcher introduced a Pole Tax back in 1990 which caused riots up and down the UK far worse that what we all just see this month, from small towns to large city’s up and down the country…. well that tax was shortly lived and soon abandoned and caused her to succeed to John Major who went on to reintroduced the very same tax but with a different name “Roofing Tax” … which they still pay today.
http://br0wn.biz
Report Post »Secessionista
Posted on August 26, 2011 at 7:24pmThis is wjy Rick Perry cannot be president, ever. He does not understand a single iota about liberty, freedom, or the constitution. His idiotic attorney general, Greg Abbott, is even worse.
Report Post »Secessionista
Posted on August 26, 2011 at 7:23pmNude dancing is not a sexually oriented business – no more than massage is, no more than a visit to the urologist is, no more than a pay toilet is. What fraud and lies our state is mired in. Do they not care at all about our liberty?
For that matter, women in bikinis are much sexier than topless or nude women. Should Stewart Beach be required to charge the 5 dollar tax as well?
Report Post »jhaydeng
Posted on August 26, 2011 at 7:42pmIsn’t it called a “cover charge” ? Like a bar or club entry fee? What’s the problem?
Report Post »SamIamTwo
Posted on August 28, 2011 at 10:20amNot sexually oriented? Then why would they be nude and why would you go to see nude dancing…art, eh?
Report Post »goobert
Posted on August 26, 2011 at 7:16pmAnother tax Rick Perry claims to never have passed.
Report Post »goobert
Posted on August 26, 2011 at 7:15pmAll I read was that they created another tax when Rick Perry was governor of Texas? Might not be an income tax hike but its still a new tax.
Report Post »Captain Crunch
Posted on August 26, 2011 at 7:14pm“The Texas Supreme Court unanimously ruled a $5 entrance fee for strip clubs is constitutional and does not constitute an improper restriction on nude dancing.”
Maybe not, but is does mean that the state officially recognises and condones lewd behaviour.
Report Post »Sgt.Murph
Posted on August 26, 2011 at 7:00pmGBTV is cheaper at $4.99.
Report Post »Sheepdog911
Posted on August 26, 2011 at 7:09pmYou gotta be really hard up to not be willing to pay an extra 5 bucks, oops, that 5 $1 bills considering the location. To butcher the words of our beloved VP, it’s just plain ole patriotic to pay taxes.
Report Post »S_Malc13
Posted on August 26, 2011 at 7:11pmYeah, but can Glenn do an upside-down triple twirl, swing-back flip into the splits? Er, nevermind.
Report Post »loriann12
Posted on August 26, 2011 at 7:18pmI like Glenn and all, but thanks….not…for putting that image in my head.
Report Post »S_Malc13
Posted on August 26, 2011 at 7:47pmSorry Lori, just imagine 0bama in speedos, that should take your mind off of Glenn.
Suddenly, I’m queazy….
Report Post »SacredHonor1776
Posted on August 26, 2011 at 8:57pmNah, just think of Pelosi or Moochelle on the pole, that’ll make you feel bett…worse!
Report Post »booger71
Posted on August 26, 2011 at 10:08pmMoochelle put a pole in the white house bedroom, but Barry refuses to use it.
Report Post »reality based lifeform
Posted on August 26, 2011 at 6:54pmI hope this tax won’t be levied against my “Festivus ” celebration later this winter season
Report Post »Secessionista
Posted on August 26, 2011 at 7:21pmIf there will be pole dancing, I am looking for my invitation!
Report Post »