Come on -- the alleged constitutional infirmity of the Texas "pole tax" is really inherent in the definition of most form of taxation. I don't know how any judge could take the claim made at all seriously.

A new $5-per-patron fee the state is charging strip clubs is really a tax and should be declared unconstitutional, a lawyer for the clubs argued in court Tuesday.

"They are simply taking money from my clients and funding other purposes," said Stewart Whitehead.

The Legislature enacted the fee, effective Jan. 1, and dedicated the first $25 million to sexual assault prevention and additional revenue to low-income health care. Clubs will have to send their first quarterly check to the state in April.

The Texas Entertainment Association and the owner of an Amarillo strip club are challenging the fee. Although a trial is scheduled for March 3, the clubs asked state District Judge Margaret Cooper to declare the fee unconstitutional.

Cooper said she will issue a ruling in advance of the trial.

Whitehead, said a fee must be related to regulation, and the state is not using the fee to "abate an alleged nuisance" or benefit the industry.

Now let's consider this. Under such a legal theory, a sales tax could only be used to deal directly with commerce related issues, and income tax (unconstitutional in Texas) could only be used o deal with employment and work issues, and a tax on entertainment (such as a strip club) could only be used to fund entertainment related issues. There would be no way to fund schools or parks, and all highways would ahve to be tollways. (actually, we're headed that way if we aren't careful).

I'm curious -- how would this idiot fund the Department of Defense?

Granted, I'm not a fan of the "pole tax" (and no, I don't go to strip clubs), but I am even less of a fan of inane legal arguments.

Posted by: Greg at 10:45 PM | No Comments | Add Comment
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