San Antonio Strip Clubs: Texas Gets Its Day To Defend Strip Club "Pole Tax"
March 26, 2010Texas Gets Its Day To Defend Strip Club “Pole Tax”
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A few short months ago, the proposed law hitting Texas strip club patrons with a $5-per-visit tax seemed almost dead. Two lower courts had struck it down, in part because of concerns it would violate the First Amendment by limiting the free speech of both patrons and dancers.
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The proposed tax would apply only to strip clubs that serve alcohol or bars that promote nudity-based activities, such as wet T-shirt contests, the American-Statesman says. The state contends that limiting demand for such establishments would reduce the number of sex assaults committed in the state. The strip clubs, represented by Winstead’s Craig Enoch, claim the tax would violate the First Amendment by punishing unpopular speech. Enoch engaged the court in a spirited debate Thursday over whether nude dancing is an art form that should be protected by the First Amendment. “The act of dancing is expressive,” Enoch told the justices, according to the American-Statesman.