Jun
5
TAASA Response to Adult Entertainment Fee Ruling
Tags: adult entertainment fee
Filed Under Announcement | By Melissa Heald
FOR IMMEDIATE RELEASE
June 5, 2009
Adult Entertainment Fee Case Takes Next Step Forward
Third Court of Appeals Issues Ruling in Lawsuit
AUSTIN, TX – With a ruling today from the Texas Third Court of Appeals, the lawsuit brought by strip clubs opposed to the current adult entertainment fee has taken another step forward.
While a three-judge panel of the Court found in favor of the plaintiffs (2-1), there was a strong and unapologetic dissenting opinion which demonstrates that debate on this issue is far from over.
Among other things, dissenting Justice Puryear concluded that:
-
A state has the right to ban the consumption of alcohol within strip clubs;
-
And if a state has that right, it seems logical to assume that a state may impose a restriction that is less onerous than a complete ban, e.g. a modest fee, such as the adult entertainment fee.
Finally, Judge Puryear states, “I fail to see how the majority can conclude that the statute at issue violates the First Amendment.”
The connection between strip clubs, the consumption of alcohol and sexual violence is well established. Research supports and the courts have upheld this connection. In reference to the current court case, Judge Jenkins in Travis County District Court found “persuasive trial evidence supporting a link between the business activity subject to the tax and the secondary effects addressed by the sexual assault program fund.”
“We’ve always known that this case would end up at the Texas Supreme Court, no matter how the Third Court ruled,” said Torie Camp, Deputy Director of the Texas Association Against Sexual Assault (TAASA). “The important news today is that we now have a strong endorsement of the law in a scholarly opinion by a well-respected justice. Justice Puryear fully embraced the strong legal arguments that have been vigorously pressed by the Attorney General’s office. We look forward to pressing those very same arguments before the Texas Supreme Court.”
###
Comments
One Response to “TAASA Response to Adult Entertainment Fee Ruling”
way to go ! tax will help in funding help for victims . It possibly could be a derant against the addiction comsuming ,destroying fathers, mothers , children . Many have no clue how much any adult entertainment takes away from healthy men ,women, children … Just as drug ,acohol ,sexual addiction takes away from our community more than having the eye sore of adult rated XXX business . Our nation has allowed freedom of speech to destroy our communities ,our families .. Although most reject sex addiction. I do not having to live with anyone that loses the reality of a healthy life is heart breaking … you loose trust , financially draining , you loose the person you love .. a tax may be a little step , in a small way it says NO ! The best part it will go to victims .. who deserve our support ,understanding …