Posted on 12/06/2007 11:06:38 AM PST by Snickering Hound
AUSTIN — A coalition of strip clubs has filed a lawsuit seeking to block a state law that would add a $5 surcharge for every strip club visitor.
The new fee, which was approved this year by the Texas Legislature, is set to take effect on Jan. 1. It's expected to raise about $40 million to be dispersed for sexual assault prevention programs and health care for the uninsured.
The Texas Entertainment Association and Karpod, Inc., the operator of an Amarillo club, filed the lawsuit Wednesday in Travis County against Texas Attorney General Greg Abbott and Comptroller Susan Combs.
The lawsuit argues that the fee would amount to an unconstitutional tax on nude dancing, a form of expression protected by the First Amendment. It also says the measure unfairly targets strip clubs, while not including modeling studios and adult video arcades. Strip club owners have said that the fee unfairly links their customers to rape.
"Exotic nude dancing is protected speech under the First Amendment," the lawsuit says. "It (the fee) singles out income derived from protected speech for a burden the state places on no other income."
The state doesn't keep a record of how many strip clubs there are in Texas, but the comptroller's office says there are 151 sexually oriented businesses that serve alcohol.
Officials from the attorney general's office said they will seek to uphold the fee.
Rep. Ellen Cohen, a Houston Democrat who supported the fee, said the strip club owners didn't speak up when the bill was designed.
"I didn't hear from them then," she said. "If this money gets held up, it's very detrimental to what we're trying to do."
Annette Burrhus-Clay, executive director of the Texas Association Against Sexual Assault, said she was disappointed by the lawsuit.
"We were really hoping this industry would see this as an opportunity to do something positive for the communities they're in," she said. "We're going to fight it because we believe in the merits of our position."
An attorney for the plaintiffs declined comment.
A hearing on the case hasn't been set, but the plaintiffs hope it will be before the surcharge takes effect next month.
The surcharge funds aren't due to the comptroller's office until April, meaning the agency could choose to hold onto the money and not disperse it until the case is resolved.
They’ve gone into overdrive with taxes (and revenue tickets) in Texas in the past 5 years.
Cumulative we’ve seen a real raping of our wallets and there could STILL be a state income tax at some stage.
You guys don’t get the point on this-it gives the local pols cover the next time they get caught acting the A## in a strip club. (As they have been known to do in TX)
They can say they were doing it for the children.
“Say what you want about the morality, these little backdoor taxes (no pun intended) are getting old, even the ones that don’t impact me in the slightest (like this one.)”
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That’s the principle behind all “sin” taxes and quite a few others and numerous subsidies by extension.
The thought that your neighbor is getting screwed worse than you is what keeps you docile.
I might, MIGHT, consider the first part justified, but funding for health care???????
Funny how the fire marshall always checks for compliance with the fire codes during “show time”. It is one of the prettier places for the Vice Squad to drop taxpayer money too.
Don’t blame me, I voted for Kinky.
If I change my legal residence to the strip club, would I still have to pay the $5 every time I go "home" since I'm not a "visitor" anymore?
The club owners should send the state their surchage all in pre-rolled $5-dollar bills doused with cheap perfume.
When the strip clubs are empty the terrorists win.
If I’m not mistaken, there was a case where something like 50 voters were registered with a strip joint as their “home” address.
The government needs to get the hell out of the charity business.
;^)
Yup, you gotta pay extra for mute. :-(
You're supposed to follow lines like that with: "At least, that's what I've heard." :=)
That is EXACTLY why smokers get nailed in every single state plus the federal gov’t and nobody says boo. I don’t normally root for strip clubs, but in this case, I do.
you can say that again....
LOL!!!!!!
No prob, the hubby and I were both rooting for the Kinkster, and hubby used to live in Houston!
This thread is worthless without pictures.
“I might, MIGHT, consider the first part justified, but funding for health care???????”
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Just remember, this puts the state in the stripping business as silent partner, just like tobacco, lotteries, horse-racing, slot machines, internet poker and booze (a la Virginia’s ABC stores). From then on the state has a proprietary interest.
Something to think of when next someone calls for drug legalization (”think of the taxes we could levy!”)
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