San Antonio Strip Clubs: Strip clubs tell top Texas court $5 ‘pole tax’ violates free speech
March 26, 2010Strip clubs tell top Texas court $5 ‘pole tax’ violates free speech
Texas strip clubs have asked the state’s top court to strike down a $5-per-patron levy, saying it violates the First Amendment.
The state Legislature levied the so-called pole tax in 2007 on clubs offering live nude entertainment and alcohol. Proceeds were intended to help sexual-assault victims and to pay for health insurance for the poor.
State officials defended the tax in court yesterday, saying it promotes safety by discouraging the “combustible combination” of alcohol and nudity, the Austin American-Statesman writes.
Nonsense, argued the lawyer for the strip clubs, himself a former Texas Supreme Court justice.
Craig Enoch contended that the law was “designed for one purpose only: to raise revenue. And it picked an easy target: unpopular speech.”
The law was struck down in 2008, and a state appeals court agreed. But the judges could not agree on the reason why it was unconstitutional, so the state Supreme Court took up the case. The American-Statesman says the court typically takes about 13 months to rule.
See the full article from “USA Today”