San Antonio Strip Clubs: Strip club ‘pole tax’ in hands of Texas high court
March 25, 2010Strip club ‘pole tax’ in hands of Texas high court
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The so-called pole tax, requiring strip clubs in Texas to levy the admission charge, made its way Thursday to the state’s highest court. Talk about strippers engaging in free expression was balanced by rebuttals about tax and zoning precedents as justices considered the law designed to fund programs for sexual assault victims.
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Lower courts have sided with the strip clubs, ruling that the fee that has collected more than $13.6 million since 2008 is an unconstitutional regulation of free expression.
The law specifically applies to strip clubs that sell alcohol. Texas Solicitor General James Ho told the nine Republican justices that the fee is justified, since the state could already impose bans on both.
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The Texas Entertainment Association, which represents strip clubs across the state, sued. A state district judge struck down the law in 2008. Then a 2-1 ruling by the Austin-based 3rd Court of Appeals said the tax improperly singles out one form of expression, nude dancing, for regulation.