Court Rules That Lap Dances Are Not Art And Therefore Not Tax Exempt
ALBANY, N.Y. (AP) — Lap dances are taxable because they don’t promote culture in a community the way ballet or other artistic endeavors do, New York’s highest court concluded Tuesday in a sharply divided ruling. The court split 4-3, with the dissenting judges saying there’s no distinction in state law between ‘‘highbrow dance and lowbrow dance,’’ so the case raises ‘‘significant constitutional problems.’’ The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes. In the dissent, Judge Robert Smith wrote that while he finds this sort of dancing ‘‘unedifying — indeed, I am stuffy enough to find it distasteful,’’ discriminating on the basis of content such as imposing a tax on Hustler magazine and giving the New Yorker an exemption ‘‘would surely be unconstitutional. It is not clear to me why the discrimination that the majority approves in this case stands on any firmer constitutional footing.’’
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