The legislative and judicial branches are going head to head in Texas, over a “pole tax.” Sounds noble, right?
Not exactly… since the referenced “poles” are those found in strip clubs. Texas State Rep. Ellen Cohen wants to charge strip club patrons a $5 tax, with proceeds funding programs for the betterment of society. Don’t strippers do enough for society already?
Cohen’s law — some dubbed it the “pole tax” — was expected to raise millions of dollars, with the money dedicated to sexual assault programs and health care for the uninsured.
Gov. Perry signed the law last June and it went into effect this year.
Jenkins ruled the law unconstitutional, writing that erotic dancing is a form of expression protected by the First Amendment. Laws regulating expression must pass strict constitutional tests.
Jenkins focused on the dedication of the fee revenues to the uninsured, writing that he saw no evidence linking the activity of nude, erotic dancing to a lack of health insurance among the dancers.
We wonder if Travis County District Judge Scott Jenkins was listening to Madonna’s “Express Yourself” when he made his ruling.
Cohen vows to revive $5-per-patron strip club fee [Houston Chronicle via TaxProf]