U.S. Justices Won't Hear Strip Club Tax Case

WASHINGTON — The U.S. Supreme Court won't hear a case that could have settled whether dancing in strip clubs is art.

Without comment last month, U.S. justices passed on a New York case where the state's highest court earlier ruled, 4-3, that Latham, N.Y.'s Nite Moves strip club didn’t qualify for the state’s tax exemption for “dramatic or musical arts performances” because performances at the club didn't fall in line with the Legislature's "evident purpose" of the tax break.

The majority of the New York appellate court said that "it is not irrational for the [state] Tax Tribunal to decline to extend a tax exemption to every act that declares itself a dance performance" and that other forms of entertainment, such as baseball games, carnivals, ice shows and animal acts, are not exempt from taxes in New York.

But one judge, in a sharply worded dissent to the state's top court, wrote that it doesn't matter if the dance was artistic or crude, boring or erotic. Under New York’s tax law, a dance is a dance, Judge Robert Smith wrote.

"Like the majority and the Tribunal, I find this particular form of dance unedifying — indeed, I am stuffy enough to find it distasteful," Smith wrote. "Perhaps for similar reasons, I do not read Hustler magazine; I would rather read the New Yorker. I would be appalled, however, if the state were to exact from Hustler a tax that the New Yorker did not have to pay, on the ground that what appears in Hustler is insufficiently 'cultural and artistic.'

"That sort of discrimination on the basis of content would surely be unconstitutional. It is not clear to me why the discrimination that the majority approves in this case stands on any firmer constitutional footing."

U.S. justices, however, declined to hear the case last month.

"We did our very, very best," Nite Moves attorney W. Andrew McCullough told the Albany Times Union. "But getting the attention of the Supreme Court in a situation like that is just [difficult]."

New York's Division of Taxation, following an audit in 2005, said the admission charge and fees for private dances at Nite Moves should be subject to sales tax.

According to a court filing, Nite Moves owed $129,000 in taxes. A majority of the all-nude club’s revenue came from the $15 it collected on $25 private dances, with the balance going to the dancer. Nite Moves charged $10 for admission.

Related:  

Copyright © 2025 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

Madi Collins Signs Exclusive Contract With Vixen Media Group

Vixen Media Group (VMG) has signed Madi Collins to an exclusive contract.

Zariah Aura Leads Latest From Transfixed

Zariah Aura stars with Summer Col and Robby Apples in the latest release from Transfixed, titled “Catching His Cheating Girlfriend.”

Yhivi Stars in 'Pornstar Matchmaker: Episode 2' From Brazzers

Yhivi stars with Ryan Reid and 2024 XMA Europas Male Performer of the Year Christian Clay in the second episode of the new Brazzers series, “Pornstar Matchmaker.”

Penny Barber Featured in Latest From Kink.com

Reigning XMAs MILF Performer of the Year Penny Barber stars with Max Mabry in the new scene from Kink.com, titled “Mommy’s Cock-Hungry Hole.”

River Lynn Leads 'The Fucket List: Pizza With A Side Of Nuru' From Adult Time

River Lynn stars with Axel Haze in the latest Jim Powers-helmed scene "The Fucket List: Pizza With A Side Of Nuru," from studio brand Nuru Massage.

Avery Lust, Cliff Jensen Star in Latest From TransSensual

Avery Lust and Cliff Jensen star in the latest release from Mile High Media studio imprint TransSensual.

Brittany Andrews Stars in Latest From Brazzers

Brittany Andrews stars with Ricky Johnson in the latest release from Brazzers, titled “Leather and Bubble Butts.”

'Groove Thing' Sets Kickstarter Funding Record for Insertable Pleasure Product

Groove Thing, an insertable pleasure product that plays audio, has set a funding record on Kickstarter.

Nalpac/Entrenue, Ohdoki Sign Distro Deal for 'The Handy'

Nalpac/Entrenue has inked an exclusive U.S. distribution deal with Ohdoki Products for The Handy.

Onahole Debuts New 'Miss Boss Cup' Stroker

Pleasure brand Onahole has introduced its new Miss Boss Cup stroker.

Show More