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Texas Entertainment Assoc'n, Inc., and Karpod, Inc.
v. Susan Combs, et al.

Judge Rules Texas $5 'Pole Tax' on
Strip Clubs is Unconstitutional
March 28, 2008

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Lawyers
  • Peter Nolan, for the Strip Clubs
  • Stewart Whitehead, for the Strip Clubs
  • James C. Todd, for the Texas A.G.
  • Mishell Kneeland, for the Texas A.G.
  • Texas Lawyers
  • Entertainment Lawyers

    • Related Links:
  • The First Amendment
    		•

    A Texas judge rules that the state's $5 ’Pole Tax‘ on strip club patrons is unconstitutional "for "singling out business activity involving expression that, while politically unpopular, is nevertheless protected by the First Amendment."

    According to the judge:

    “There is no evidence that combining alcohol with nude erotic dancing causes dancers to be uninsured, that any dancer is in fact uninsured, or that any uninsured dancer could qualify for assistance
    from the Texas health opportunity pool intended to "address [the] lack of adequate health insurace."

    Despite the Texas Attorney General's presentation of evidence at trial showing a link between "nude erotic dancing" and "secondary effects of domestic violence addressed by state's sexual assault program fund, the 'Pole Tax' did not pass constitutional muster.

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