U.S. Justices Won't Hear Hustler Club's Exemption Case

U.S. Justices Won't Hear Hustler Club's Exemption Case

WASHINGTON — The nation’s highest court has declined to review a petition from the owner of Larry Flynt's Hustler Club in New York, which asked justices to decide whether the state unconstitutionally denied the club a musical performance exemption from its “place of amusement” admission tax. 

The U.S. Supreme Court did not comment on the recent denial.

Operators of the club, CMSG Restaurant Group, had argued that New York's application of the four percent amusement tax to the club and its withholding of the musical performance tax exemption amounted to content-based discrimination.

CMSG also claimed that, in violation of the 1st and 14th Amendments, they weren’t able to get a full hearing on their claims in either its administrative process  or the state courts.

CMSG argued the case “squarely presents the question of whether a tax collector may function as an art critic and withhold exceptions based on his or her aesthetic preferences.”

Operators further said that the state went too far in rulings that deemed the performances “sexual fantasy, not dance” and subject to the tax.

A five-judge panel of the New York state Supreme Court earlier ruled statutes that place an excise tax on admissions to adult entertainment clubs are constitutional,

They rejected charges by CMSG that the taxes singled out striptease performances, in violation of free speech rights.

CMSG petitioned for writ of certiorari with the U.S. Supreme Court in July, arguing New York unconstitutionally denied the club’s attempt to qualify for the exemption. 

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

Onahole Debuts New 'Warm Mouth of a Swimsuit Girl' Stroker

Pleasure brand Onahole has introduced its new Warm Mouth of a Swimsuit Girl stroker.

Electric Novelties Expands 'Gläs' Collection

Electric Novelties has introduced eight new items from its Gläs collection.

Blush Debuts 'Flutter Love' Vibe

Blush has introduced the Flutter Love vibrator from its Play With Me collection.

SVibe, Delicto Debut 'Snail Duo' Vibe

SVibe and Delicto have partnered to introduce the new Snail Duo vibrator, launching Sept. 12.

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Nalpac/Entrenue, Tenga Sign US Distro Deal

Nalpac/Entrenue and Tenga have signed a deal for U.S. distribution.

Orion Debuts 4 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with four new styles.

Blush Expands 'Performance Plus' Line With 10 New Cock Rings

Blush has expanded its Performance Plus collection with 10 new cock rings.

Wild Flower Debuts New 'Enby 3' Vibe

Pleasure brand Wild Flower has introduced its new Enby 3 vibrator.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

Show More