Chicago's Admiral Theatre Sues City Over Ruinous Back Tax Bill

Chicago's Admiral Theatre Sues City Over Ruinous Back Tax Bill

CHICAGO — A popular Chicago adult entertainment venue is suing the city and Cook County over millions of dollars owed in back amusement taxes.

The Admiral Theatre is a legendary venue currently operating as a strip club, whose facade bears the Larry Flynt quote, “The greatest right a nation can afford its people is the right to be left alone.”

The Admiral filed a lawsuit on July 29 in Chicago federal court, challenging the 9% city and 3% county amusement taxes. The City of Chicago has claimed a $3 million assessment for “underpayments over seven years,” according to the Chicago Tribune.

For Admiral owner Sam Cecola, according to the Tribune, the central issue is “whether requiring adult entertainment venues to pay the amusement taxes while exempting other small theaters is a violation of Free Speech.”

“It’s as if this law was designed to put us out of business,” Cecola told the newspaper.

An annual city audit had found that Admiral had apparently “not collected the amusement tax for fees paid by customers to dancers, who are independent contractors.”

“The city and county only advised us we were responsible for collecting from the entertainers seven years later, and sent us a bill, ” Cecola explained. “We should be exempted from this tax as are all other small theater venues.”

The city’s amusement tax has existed since 1947, and the county’s since 1997. However, in January 1999, even though live cultural performances at smaller venues remained exempted, the Tribune reported, “the City Council tweaked the amendment to require adult entertainment cabarets to pay the tax.”

Theaters with fewer than 1,500 seats — except for adult entertainment venues — are exempted from both city and county amusement taxes. The Admiral has about 250 seats.

The lawsuit points out that the Admiral has indeed sent the city about $500,000 a year for amusement taxes on cover charges and its portion of private booth income and dance rentals. The Admiral, however, “did not collect and remit amusement tax on the portion of the dance income paid directly to the entertainers.”

Cecola said he had been negotiating with the city for about a year to reduce the back taxes owed, but discussions fell off during the onset of the pandemic. The Admiral is represented by Luke Lirot, a Tampa Bay, Florida attorney specializing in civil rights cases and the adult entertainment industry.

SBA Lawsuit Settled

Back in May, The Admiral sued the Small Business Administration (SBA) and Secretary of the Treasury Steve Mnuchin alleging that its First Amendment rights were being violated because their COVID-19 relief loan application had been stalled.

The theater’s lawyers claimed that the application for a PPP loan to help with their payroll is not being approved because of a clause preventing “prurient” businesses from receiving federal funds.

The “prurient” clause on the loan application form, as XBIZ has been reporting, replicates mid-1990s language designed to discriminate against sexually oriented businesses.

The form compels applicants to declare that they do not “present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.”

The word “prurient” is an imprecise, obscure word that means “appealing to unhealthy sexual interests” and was used by the U.S. Supreme Court in a landmark 1973 ruling. Several members of the adult entertainment community and First Amendment lawyers have pointed out that people who do not consider their sexual expression “unhealthy” are exempt from application of the “prurient” clause.”

The Chicago theater’s lawyers allege that “all of the entertainment provided by the Admiral is non-obscene (and thus cannot be deemed prurient).”

The Tribune reports that the PPP lawsuit was eventually settled, and the SBA approved a nearly $400,000 loan in June.

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

Holiday Now Shipping Rock Candy's 'Sweet Stash' Collection

Holiday Products is now shipping Rock Candy's Sweet Stash rechargeable mini vibe collection.

Lauren Phillips Interviewed on 'Adult Time Podcast'

Reigning XBIZ MILF Performer of the Year Lauren Phillips is interviewed on the latest episode of the "Adult Time Podcast," hosted by studio CCO Bree Mills.

Orion Introduces New Dual Stimulator From 'Javida'

Orion Wholesale has debuted the new 2-Function Vibrator With Moving Clitoris Tickler from its Javida line.

Kazumi: It's Her World - We Just Live in It!

Kazumi eases herself into the passenger seat as we get ready to leave the inaugural X3 magazine cover photo shoot, for which she has been specially selected from among the entire firmament of adult entertainers.

Sara Jay, Dan Leal to Co-Host Heineken Brewery Tour, XBIZ Amsterdam 'Performers' Rights' Panel

Sara Jay and "Porno" Dan Leal will co-host a tour of the historic Heineken brewing factory on Tuesday, Sept. 3 at 1 p.m., during the XBIZ Amsterdam conference.

Golden Era Performer Annette Heinz Passes Away

Golden Era performer Annette Heinz has passed away at 71, according to industry friends and associates.

Vixen, Julmodels to Host 'Club Vixen' Party at XBIZ Amsterdam

Vixen Media Group and premier European talent agency Julmodels will once again team up to host a lavish party at XBIZ Amsterdam: Club Vixen, set to take place the evening of Sept. 4.

Eye of Love's Jacqui Rubinoff Brings Pheromone Education to SoCal's 'Sex on the Beach'

Eye of Love Vice President Jacqui Rubinoff spoke earlier this month at the third annual Sex on the Beach event in Venice, California.

Whitney OC Stars in 2nd Installment of Seth Gamble's 'VHSex'

Whitney OC stars in the second installment of reigning XBIZ Performer of the Year Seth Gamble's "VHSex," from LucidFlix.

Princess Emily, Willow Ryder 'Twerk It' for Ricky's Room

Princess Emily and Willow Ryder star in the latest release from Ricky's Room, titled "Twerk It Like You Mean It."

Show More