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 © 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

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Mighty Dee and Troy Francisco in the latest release from the MYLF series “MYLF Singles.”

Andie Anderson, Angie Faith Lead Latest From MILFY

Andie Anderson and Angie Faith star with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Lilly Bell Stars in Latest Installment of 'Lez Be Bad'

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Ameena Green and Selena Ivy in the latest installment of Adult Time series "Lez Be Bad,” titled “Free-Use Movie Night.”

CC Wellness Names Brendi Acevedo National Training Manager

CC Wellness has promoted Brendi Acevedo to the position of national training manager.

PHE Forms Commercial Partnership With Kindra

Adam & Eve parent company PHE, Inc. has formed a strategic partnership with Kindra that includes distribution and a minority equity stake in the wellness brand.

Freeuse Debuts New Limited Series 'Time Stop Universe'

Freeuse has released it's new three-scene limited series, "Time Stop Universe."

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Our Erotic Journey Expands 'Sublime,' 'Curious' Lines

Our Erotic Journey has introduced three new additions to its Sublime and Curious collections.

Blake Blossom Fronts Latest From New Sensations

Blake Blossom stars with Dante Colle in the latest release from New Sensations.

Tiffany Tatum, Bella Mur Lead Dorcel's 'Thr3e #10'

2023 Euro XMAs Female Performer of the Year Tiffany Tatum and Bella Mur headline the latest release from Dorcel, titled “Thr3e #10.”

Show More