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The state Supreme Court made a rare group appearance in San Antonio on Thursday to determine the fate of Texas’ embattled “pole tax” on strip club patrons.
The justices heard oral arguments at St. Mary’s University School of Law for the 2007 legislation, which instituted a $5 fee for each person at a nude dancing establishment where alcohol is served.
A state district judge in Austin and the 3rd Court of Appeals have agreed with the Texas Entertainment Association — a lobbyist group for the strip clubs — that the tax is unconstitutional.
“A tax imposed on a small group of First Amendment speakers, particularly a group conveying a message that the taxing body might consider undesirable, carries a greater risk of suppressing speech than a zoning ordinance because the power to tax involves the power to destroy,” 3rd Court Justice Diane Henson ruled in June.
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Austin-based attorney Craig Enoch, who represents the strip clubs, pointed out that courts have long held nude dancing to be a form of expression protected by the First Amendment.

See the full article from “Houston Chronicle”

This entry was posted on March 26, 2010 at 4:12 am and is filed under San Antonio strip clubs.