Posted on 12/18/2007 3:20:17 PM PST by SwinneySwitch
AUSTIN — The state's new $5 surcharge for strip club visitors will not violate the clubs' First Amendment free speech rights, state officials argued in a court brief filed in advance of a court hearing.
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 $44 million to be dispersed for sexual assault prevention programs and health care for the uninsured.
A state district judge was scheduled today to consider a request made by a group of strip clubs to delay the fee.
The Texas Entertainment Association and Karpod, Inc., the operator of an Amarillo club, sued Texas Attorney General Greg Abbott and Comptroller Susan Combs earlier this month.
The clubs say the fee would amount to an unconstitutional tax on nude dancing, a form of expression protected by the First Amendment. They also said the measure unfairly targets strip clubs, while not including modeling studios and adult video arcades.
"If the State has a compelling interest in assisting victims of sexual assault, that interest cannot be supported by taxing constitutionally protected speech based on content, even if the speech is nude entertainment that society may find offensive or disagreeable," the plaintiffs said in their lawsuit.
In a brief filed Monday, Abbott and Combs countered that the fee "does not prohibit nude dancing, does not dictate where live nude entertainment may be presented, does not require any minimum clothing and does not govern the physical setting for the activity."
If the judge agrees to delay the fee, it would open the door for the lawsuit to be considered in a trial.
Supporters decried the possibility that the funds generated by the fee could be withheld.
Annette Burrhus-Clay, executive director of the Texas Association Against Sexual Assault, said the state lacks resources to keep up with the demand for sexual assault prevention, research, intervention and treatment for offenders.
"The issue for us is an apples-to-apples issue," said state Rep. Ellen Cohen, D-Houston, author of the bill that created the fee. "This is an industry that largely employs women. It's an opportunity to do something for crimes that largely affect women."
An attorney for the plaintiffs declined to comment. Abbott's office, which is representing the state, also declined to comment.
First they came for the strippers. I did not stop them because I’m not a stripper.
Then they came for the wet tee-shirts. But I did not stop them because I don’t look good in a wet tee-shirt.
Then they came for Hometown Buffet, and there was no one left to save me.
As Stolar Storm says, you are so scary it is enough to make a democrat out of someone who really hates taxes and large government. There is nothing worse than an authoritarian who takes off his unmentionables and bares all. At least liberals go in drag.
You sound like Hollywood with this statement.
Christian social Conservatives founded the Republican party and ended slavery in this country. Why the heck should we leave the party, it's OUR party to begin with, go form your own party if you do not like our planks. What the hell has fiscal conservatives done for the Republican party? Lately?
Supposed fiscal conservative Republicans like Foley and hand-signal man are killing the Republican party with their idiocy and complete lack of morals. They are the enemy within and they are constantly used by the MSM to hammer the Republican party.
Furthermore, nothing the Republican majority congress under Bush did can possibly be construed as fiscally conservative. So I'd argue that if there is such an animal (fiscally coservative elected Republican), it's now extinct.
Roger that.
Where exactly in the Bible does it say that watching a naked woman dance is sin?
As far as I am concerned, this tax should be $50/person.
Spoken like a true social liberal.
L
You people are comedians if you believe a $5/head tax on a business, that not a single one of you would willingly live next door to, is the bloody end of the world.
I finance your parents retirement, I pay all their medical bills, I pay for any emergency medical service your family needs and I pay for the U.S. military. Who am I?
I am a U.S. INCOME tax payer.
I never agreed with ANY of these outrageous taxes on my income, except for the U.S. military. Nor did the Constitution dictate that I would be charged to pay for these services of others (except the military).
If the state wants to raise additional revenue by taxing a business I’ll never ever go to, so be it. Better that than taking out of my paycheck to begin with.
Has a single one of you who think I’m nuts ever lived next to one of these businesses? I have. I defy you to live 3 months near one of these businesses and then come back and lecture me about what can and cannot be taxed.
Furthermore, not a single one of you who disagree with my stated position can point to the U.S.Constitution and show that Texas is not allowed to place this tax. They can, take it up with Jefferson if you don’t like people of conviction. Texas doesn’t care what we all think.
$44 million? Over how long? Thats 8,800,000 visitors.
But the idea that the government is free to slap a tax on access to private property and use the money for any damn thing they want as long as it sounds nice strikes me as a country mile over the line. Somebody needs to lose a political office or two over this one.
More correctly, Paula. So, if a frequent strip club customer later sexually assaults a woman can he claim he was entitled to because he's already paid for her aftercare? Just wondering.
I have gone to strip clubs in my life, but it’s not something that I do as a general rule. I went in my early twenties a few times, in my early forties for a few times and haven’t been in one in 15 years. That being said, they are either legitimate places of business, or not. And if they are, they should be free from government harassment.
It’s amazing what homosexual bath-houses get away with, and then heterosexual places like this get the community’s wrath.
Spoken like a true social liberal.
I believe abortion should be outlawed too, I guess that makes me a liberal. I believe the nudy bars should be RUN out of town. Again, I know the types of people these businesses bring into the neighborhood and I don't want them in my neighborhood.
I grew up surrounded by this trash and the evil it brings with it. Never again. This is exactly the same as, I don't want to live with a bunch of dumb-arse liberals. This is my choice. It's called freedom to associate. If you do not like the laws/ordinances my city passes, you are free to move your family to a more liberal town. I won't stop you, though you may accuse me of wanting to.
hehehe, that pole does seem a bit taxed.
Now, there’s an interesting question. I bet there are a lot of lawyers already looking at. LOL
Great line!
Texas government grows greedier every day. Soon it will be like Massachusetts.
I’m sorry, what gives you the right to tell me I can’t go nudie bars? Oh right, its for the CHEEEELDRUN. Thats why I have to pay 6 bucks for a can of Copenhagen, it’s for the CHEEELDRUN.
There are ways to deal with strip clubs without infringing upong others rights. Picket them and take pictures of the patrons, then post the pictures around town.
These sin taxes are stupid and are about as liberal as you can get. 10 years ago, when they were going after cigarettes hard, the twinkie tax was a joke. Not so today. What’s next, a tax on happy meals?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.