Tag Archives: pole tax

Let the 'pole tax' stand in Texas

The Texas Legislature has gotten a bit goofy in recent years as the state keeps shifting farther and farther to the right.

However, the 2007 Legislature got it correct when it enacted the so-called $5 per-person “pole tax” levied against patrons of strip clubs. I’m glad that the state Supreme Court sees fit to let the tax stand.

http://www.texastribune.org/2014/11/21/supreme-court-declines-peek-pole-tax/

The court declined to review a Third Court of Appeals ruling that declared the tax didn’t violate the Texas Constitution. The entertainment industry lobby had contended the fee is an “occupation tax,” which is prohibited by the Constitution.

Not so, says the Supreme Court.

I happen to think this is a fairly creative way to generate revenue for the state. Opponents of the fee say the state should designate a portion of it to public education. The lower court had ruled that the fee, which is an excise tax, can go to whatever program the Legislature designates.

Whatever, it’s a money-maker for the state. The so-called “gentlemen” who partake of this form of entertainment need to keep an extra five bucks in their wallet.

Hey, it’s better spent that way than when you tuck into someone’s undergarment … correct?

 

 

Court says 'yes' to pole tax

There is justice after all in at least one element of the Texas tax system.

The Third State Court of Appeals has ruled in favor of the state assessing a $5-per-patron tax on strip clubs.

You go, judges.

http://www.texastribune.org/2014/05/09/texas-strip-clubs-lose-pole-tax-appeal/

The court had heard an appeal on the tax’s constitutionality from strip club owners who don’t like charging their “gentleman” customers what’s been called a “pole tax” to enjoy the entertainment provided by, um, “exotic dancers.”

The court ruling said, in part: “We … render judgment that the sexually oriented business tax is not an occupation tax and thus there is no requirement that 25 percent of its revenue go to public schooling.”

The strip clubs had sued over some supposed obligation to dedicate a portion of the tax revenue for public education. The court said the tax need not be earmarked for schools.

I’m glad the court issued the ruling. The state needs the money, so why not assess a tax on those who would patronize these entertainment establishments?

The money does go toward assisting sexual assault victims and to health care for those who are victimized by these sexual predators … many of whom no doubt get some of their evil motivations by watching the “entertainment” provided at these clubs.

It’s unclear whether the strip clubs will appeal the ruling on the law enacted by the 2007 Texas Legislature. I’m hoping courts up the line will uphold the Third Court’s ruling.

The state can put the millions of dollars it stands to collect to good use.