Austin Strip Clubs: Appeals court strikes down $5 strip club fee
A $5 charge on strip club patrons, enacted in 2007 to raise money for a sexual assault program and an insurance fund for low-income Texans, must be struck down for violating the First Amendment right of free expression, a state appeals court ruled Friday.
The tax improperly singles out a form of expression — nude dancing — for regulation, the 3rd Court of Appeals in Austin said in a 2-1 ruling.
“While nude dancing ‘falls only within the outer ambit of the First Amendment’s protection,’ it is nevertheless protected as expressive conduct,” said the opinion by Justice Diane Henson.
The appeals court affirmed a 2008 ruling by state District Judge Scott Jenkins to strike down the law on free speech grounds — though the state has continued to collect the tax while the appeals process has continued.