Supreme Court upholds Texas ‘pole tax'

shadowcat
Atlanta suburb

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.

6 comments

Latest

  • Dudester
    •
    13 years ago
    Thanks for posting. It is a sad day indeed.
  • deogol
    •
    13 years ago
    In a way it is not, because the government is loath to eliminate tax sources.
  • basketball
    •
    13 years ago
    Bikini dancing and topless dancing is ok, but nude dancing is five bucks? Can't see this holding up, if it gets appealed again.
  • rl27
    •
    13 years ago
    I wonder once the money starts rolling in from this, if it will cause officials to start ignore most of the fringe religious and "community values" groups who keep pushing to legislate strip clubs and other forms of adult entertainment out of business. Tens of thousands of people visiting each week across the times $5 a person times 52 weeks a year quickly adds up to million dollars of tax revenue.

  • samsung1
    •
    13 years ago
    I am surprised Ohio does not have something similar to this bullshit.
  • rl27
    •
    13 years ago
    The current fucktards running the state would rather close strip clubs than even admit they make money off them.
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