Austin Strip Clubs: Texas ’stripper tax’ is constitutional, high court rules
Texas ‘stripper tax’ is constitutional, high court rules
8/29/2011 6:30 PM By Steve Korris
AUSTIN – The $5 cover charge at Texas nude bars is constitutional, the state Supreme Court ruled on Aug. 26.
The Justices reversed appellate judges in Austin who found the fee violated free speech rights under the U. S. Constitution.
Justice Nathan Hecht found the mixture of nudity and alcohol too dangerous to protect.
“The fee is not a tax on unpopular speech but a restriction on combining nude dancing, which unquestionably has secondary effects, with the aggravating influence of alcohol consumption,” he wrote.
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Legislators imposed what became known as the “stripper tax” or the “pole tax” in 2007, to provide $25 million a year for a sexual assault program and devoting any surplus to health benefits for low-income residents.