Texas Supreme Court deems pole tax constitutional
August 31, 2011
By Jimmy Ardis
AUSTIN,Texas: The Texas Supreme Court issued a decision Friday upholding a highly watched 2007 strip club tax law as not in violation of the US Constitution.[1]
The Sexually Oriented Business Fee Act, also known as the Pole Tax, has been in dispute since first passing the Texas State Legislature. The law imposed a $5 fee on strip club visits in Texas. The Texas Entertainment Association, along with a club in Amarillo filed the suit claiming that it violated the First Amendment of the constitution. Their explanation was that dancing is a form of expression that the employees of the clubs have the right to practice.[1] Supporters of the law claim that it is not targeting dancers but rather the type of negative behavior that can arise from alcohol consumption while watching nude performances.
The Supreme Court ruled that the tax did not infringe on the right to free speech. Justice Nathan Hecht wrote in the court's ruling that "The fee in this case is clearly directed not at expression in nude dancing but at the secondary effects of nude dancing when alcohol is being consumed. An adult entertainment business can avoid the fee altogether simply by not allowing alcohol to be consumed."[1]
The plaintiffs will now have to decide whether to raise the suit to the U.S. Supreme Court. Last year a similar law in Utah was deemed constitutional by the U.S Supreme Court.
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