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.
“The music is too loud to hear them anyways.”
And how do you know the music is to loud, my friend?
I believe in the merits of the strippers position.
Have all the srippers in one club have the Bill of Rights or “Live Free or Die” tatooed on their butts and make a test case out of it. Hey, maybe even a verse from the koran and really raise hell.
I fully understand what you are saying, which is why I emphasized the word ‘might.’
There are plenty of people who, for whatever reason, disapprove of strip clubs and so will consider this a good thing - but they do so without looking at the bigger picture. I see this on a regular basis when debating smoking bans and tobacco tax increases, it is the same principle. The thought process is “sure, why not, it doesn’t hurt me.” The problem with that attitude is that someday it will be something that will hurt them in some way or another.
Pole taxes.
Snicker.
“maybe even a verse from the koran and really raise hell”....just stamp “Muslim teddy buns” on their rearends and see what happens.
They are worried about the money. Just what is it that they are ‘trying to do’?
“It’s expected to raise about $40 million to be dispersed for sexual assault prevention programs and health care for the uninsured.”
So how much gets dispersed, and how much goes into the states general kitty and used for other purposes?
Is it the same percentage that disappears into the general kitty taken in from gambling casinos? (The money goes to the schools.... yeah. Like %10 does.)
This is like a protection racket run by the mafia.
Better yet, stamp “Muhammad’s Teddy Buns” on their rears...
If they confine it to spending on OB-GYNs it might fly.
HBO specials.... ;-)
The “Live Free or Die” tatoo may only be applied to the strippers’ butts by legal residents of New Hampshire. ;-)
Regarding tobacco taxes and lotteries funding health care and education is that even us orn’ry folks are getting wise to the fact that the promised windfalls never materialize and taxes inevitably get raised across the board in “emergency” funding measures.
But in a broader sense all “soak-the-rich” tax schemes as well as “sin taxes” inevitably lead to the same result.
“Ladies and gentlemen, dashing doofus is our ‘come from behind’ winner in the strippers’ butts contest.”
Government charity is good for re-election votes “see what I did for you...”
Just a thought....but couldn’t we start a “gay-senator-waving-at-you-in-the-airport-toilet-tax”?
I’m thinking of a $750 tax everytime they catch such a situation occurring...and we use to money to pay for drug eradication in Bolivia. I also have this idea of a Saudi-visa fee....of $38k for each month they want to stay in the US past the first 14 days.
If you hire a skank, we’ll tax your wank....cause I’m the tax man, yeah yeah yeah....
Legalizing drugs just moves the DEA under the ATF.
Wonder how much of this “health care” is taxpayer funded abortions.
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