Texas Supreme Court Strip Club Fee
August 27, 2011 by USA Post
Texas Supreme Court Strip Club Fee, The highest court in Texas has maintained a “sin tax” imposed “sexual orientation”, companies that the State openly says he hopes to dissuade “secondary behaviors” allegedly linked to those who go to see nkd dancers.
The Texas Supreme Court said Friday that the rate and 5-a-pattern was constitutional and does not violate freedom of expression of the owners of the club.
“The tariff in this case is clearly aimed at the expression on nde dancing, but the side effects of nde dancing where alcohol is consumed,” said Judge Nathan Hecht. “An adult entertainment company can avoid paying altogether, simply by not allowing alcohol to be consumed.”
The fee imposed by the State was passed by the Legislature four years ago, and was designed to deter “negative effects” of nde entertainment, especially in establishments where alcohol is served. Such “social evils” identified by the State as rape, sexual assault, prostitution and disorderly conduct.
The question is whether the rate equivalent to a “content-based” tax – “. Constitutionally protected expression in dance nde,” directed to the state equalized share a zoning ordinance.
A yellow strip club and the Texas Entertainment Association – a trade association for the exotic dance industry – had sued the state. Chandra Brown, owner of the club players in the western part of the state, argued that the legal fee was really a tax; a distinction the court concluded the state makes no difference.
Brown had declared unfair share and directives to the dancers, and that the additional cost of the fee would drive away customers, who must also pay for one and four of cover.
State judges rejected that argument.
“The commission of 5 and is a minimal restriction in business, so small that (clubs) argue that it is ineffective. And the business that seeks to avoid the charge need only provide entertainment nkd without the alcohol is consumed,” wrote Hecht.
Officials estimate there are 169 strip clubs and bars throughout the state.
The state said that most of the money from the customer share going to help sexual assault victims and provide health benefits for low-income residents. Distribution of the money had been detained pending resolution of the case.
“Today’s decision is a victory for the State of Texas and, most importantly, victims of sexual assault,” said Jerry Strickland, spokesman for the Attorney General of Texas. “The Texas Supreme Court confirmed what we have said from the beginning: the rate of sexually oriented businesses is constitutional.”
The club owners have the option of taking their case to the U.S. Supreme Court.
“We are disappointed with the results,” said Stewart Whitehead, attorney for the Texas Association of entertainment for your loss. “We’re trying to evaluate our options.”
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