Supreme Court upholds Texas ‘pole tax'

By Chuck Lindell | Friday, August 26, 2011, 09:48 AM

The Texas law that imposes a $5-per-customer fee on nude dancing establishments does not violate free speech rights, the Texas Supreme Court ruled today.

The unanimous ruling validates the so-called “pole tax,” created by the Legislature in 2007 but found to be unconstitutional by the 3rd Court of Appeals.

“We think a $5 fee presents no greater burden on nude dancing,” Justice Nathan Hecht wrote for the court. “The fee is not a tax on unpopular speech but a restriction on combining nude dancing, which unquestionably has secondary effects, with the aggravating influence of alcohol consumption.”

The ruling overturns the 3rd Court's opinion that the $5 fee was improperly based on the content of protected speech because it singled out nude dancing.

The opinion returns the case to Travis County District Court to address claims that the fee also violates the Texas Constitution.