Texas Tax on Strip Clubs Draws First Amendment Claim

From the New York Times:

Starting on New Year’s Day, Texas plans to tax strip clubs $5 for every customer who shows up to watch performers bump and grind.

Using figures for liquor sales, state officials estimate that the tax will raise about $40 million a year.

The state plans to use most of the proceeds to help rape victims, but club owners are suing to block the tax, saying it infringes on their First Amendment right to freedom of expression.

Despite the noble cause, the owners say, the tax will drive some clubs out of business and unfairly links their industry to sex crimes.

State Representative Ellen Cohen, Democrat of Houston, sponsored the bill, which was approved by the Legislature in May. Ms. Cohen is also the president of a women’s center that could receive financing from the new law.

“This is an industry that largely employs women, and this gives them an opportunity to raise funds for a crime that affects women,” Ms. Cohen said. . . .

-Kathleen A. Bergin