Texas Justices Weighing Free Speech Rights With 'Pole Tax'

AUSTIN, Texas — Oral arguments are slated for March 25 in a Texas Supreme Court case that may decide whether the government can tax content protected by the 1st Amendment.

The issue at hand is the legality of charging a $5-per-person “pole tax” to customers of Texas’ 115 strip clubs and other adult entertainment venues, which Texas justices have decided to weigh.

The state, which has collected more than $12 million in fees that have been held in escrow pending the final outcome of the case, lost a round at court when a judge struck down the pole tax in March 2008. The state lost again in June when a state court of appeals decided the tax’s fate.

The law, passed in the 2007 legislative session, originally directed revenues collected from the fee toward sexual abuse and violence treatment and prevention programs, but it has been mired in legal challenges since it took effect.

Last year, an alternative measure was introduced that would include a 10 percent tax to those sexually oriented businesses that charge an admission fee. But the measure was postponed nine months ago.

That bill was hammered out with the help of members of the Texas Entertainment Association, an industry trade association for Texas strip-club owners.

Texas litigator David A. Furlow, who has represented businesses in numerous cases involving 1st Amendment protections, told the Houston Chronicle that the central issue of the pole tax is whether the government can levy a tax on speech.

“When you say certain types of messages and certain types of entertainment can be taxed, you begin down a slippery slope that can allow the government to destroy a form of business by taxing it out of existence,” he said.

To defend the law, the government has been forced to argue that strip clubs lead to greater violence against women, a claim for which there is no evidence, Furlow said.

The Utah Supreme Court upheld a similar law last year, ruling that taxing strip club patrons did not have the effect of restricting expression and served “an important state interest.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

SinParty Integrates Honey Play Box's Vibe-Connect Camming Tools

Cam platform SinParty has partnered with Honey Play Box to integrate the pleasure brand’s Vibe-Connect interactive camming software, allowing creators to engage fans and generate revenue through connected toys during and beyond livestreams.

Hankey's Toys Debuts DiYardieULuv2H8 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator DiYardieULuv2H8.

Blush Expands 'Avant' Line

Blush has introduced two new dildos from its Avant Collection.

Male Power Expands 'Sassy Lace' Collection

Male Power has expanded its new Sassy Lace collection of men's underwear.

Adam & Eve, We-Vibe to Launch Pop-Up Tour

Adam & Eve and We-Vibe have partnered for the nine-city “Experience an Ourgasm” pop-up tour, kicking off July 18.

Salorein Debuts 'Sabrina' Suction Torso

Pleasure brand Salorein has released its new "Sabrina" suction torso.

Toendi Debuts 'Pandora' Stimulator

Toendi has unveiled its new Pandora clitoral stimulator.

Beisar Introduces 'Phantom' Dildo

Beisar has debuted its Phantom fantasy dildo.

Full Circle to Debut New Pleasure Products at ANME

Full Circle will introduce its new AI companion love dolls and head-equipped torso dolls at ANME trade show, running July 12-15 at the Burbank Marriott.

Show More