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 © 2024 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

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the blueprint, following Donald Trump’s claims that he disagrees with an unspecified number of its positions.

XBIZ Expo Pleasure Product and Retail Show Website Goes Live

The event website for the XBIZ Expo pleasure product and retail trade show is now live.

Our Erotic Journey Unveils 'Cristal Collection' Glass Dildos

Our Erotic Journey has introduced its new Cristal Collection of glass dildos.

Sportsheets Debuts 'Peaches 'N CreaMe' Training Video

Sportsheets has released its latest training video, titled "Peaches 'N CreaMe," the first in a series hosted by Brand Ambassador Rin Musick.

Kink's Closet Releases New Collection

Kink's Closet has released its latest collection.

Eldorado to Host 'Virtual Elevation' Webinar With COTR

Eldorado Trading is hosting a private "Virtual Elevation" live webinar for retailers with COTR Product Education Director Tracy Felder on July 23 at 10 a.m. PDT.

Kinkly Partners With Sex.com for Branded Items

Canada-based sexual wellness information site Kinkly has partnered with Sex.com to offer a selection of 20 exclusive branded items, including fashion pieces and accessories.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over Pornhub’s alleged failure to implement Texas’ controversial age verification requirements, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Champs Hires Joe Prestia as Senior Account Manager

Champs Trade Shows has hired industry veteran Joe Prestia as its new senior account manager for adult boutiques.

Show More