The Joyless Face of Evil Man-Hating Tyrany
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.
Texas will have to change its name to Taxes very soon. The state is run by Dems in Republican clothing.
“Where exactly in the Bible does it say that watching a naked woman dance is sin?”
I don’t agree with this tax at all, and I don’t go to tit houses but, geez, the Bible adressess lust here and there.
Hehe...just kidding.
in the entire state? probably about 2 months.
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Kinda like alcohol and tobacco
Why not have a cover charge to enter a liquor store and have the funds go to alcohol education, or better yet a cover charge at McDonlads and all moneys go to the American Heart Association.
Two other items I do not support taxation on.
More pretty pictures at:
http://www.ellencohen.org/gallery/gallery.asp
If I'm not allowed into Heaven because I lust daily after MrsL then so be it.
If Heaven is a place where I can't work up a little righteous lust for the Mrs or play with my dogs I don't think I want to go there.
L
This Country is so screwed...
Don’t give the Nanny Stater’s ideas. That kind of crap could very well be next...
I think the bible addresses lust with regards too the Apple doesn’t it ?
That’s why I have a PC !
The guy that sued Texas AG owns the Jungle and Cassidy’s in Amarillo......or so Eaker told me !
Frigging pathetic.
L
The era of "smaller government" conservatism died when Reagan left office...
The list is getting longer and longer...
Alcohol in any form.
Tobacco in any form.
Sex in 'unapproved' forms or venues.
'Unhealthy' foods.
'Gas guzzling' vehicles.
For Gods sake yesterday I had to show more proof of identification to buy a box of Sudafed than I do to f****** VOTE.
You're right my friend. We're way past Claires akward stage.
Pretty soon we'll be voting from the rooftops.
L
BLOAT and Good Luck...
That's the line in the sand for sure.
Good luck to you, too.
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