Texas' $5 'Pole Tax' Survives Appeal

AUSTIN, Texas — Texas' $5-per-head tax on strip and gentlemen's clubs does not violate free-speech rights, a state appeals court ruled.

On Friday, the state's 3rd District Court of Appeals affirmed most aspects of the so-called "pole tax" — finding no violation of the Texas Constitution's equal and uniform clause, or its free-speech clause —  but reversed its occupation-tax designation, which would have made a requirement that 25 percent of its revenue go to public schooling.

The 3rd District Court of Appeals originally affirmed a ruling that the tax violated the club owners' First Amendment rights, but it considered the case again after the Texas Supreme Court reversed and called for consideration of the remaining claims under state law.

The decision comes seven years after Texas Entertainment Association, which  advocates for gentlemens' clubs, and Karpod Inc., the owner of Players Gentlemen's Club in Amarillo Texas, sued the state.

The case has wended it way up and down the Texas court system, and eventually ended up at the Texas Supreme Court, which ruled that the law isn't directed at nude dancing but on combating social harms. An appeal to the U.S. Supreme Court was declined.

The Texas Entertainment Association alleged in the appeal at the 3rd District that the tax violated Texas' own free-speech protections, unfairly targeted strip clubs but not other forms of adult entertainment, and qualified as an occupation tax so was thereby subject to occupational tax revenue rules. 

On Friday, the 3rd District appeals court, in affirming all of the points with the exception of the occupational tax, went on to cite secondary effects and social harms brought by adult entertainment venues as a justification for the fee, which will go to sexual assault prevention programs.

"The primary purpose of the sexually oriented-business tax is not to tax these businesses for the privilege of providing nude entertainment in the presence of alcohol consumption," the court said. "Rather, the tax’s primary purpose is to discourage this type of business activity altogether while also generating revenue to ameliorate the type of social ills that are associated with this type of business." 

Because Texas strip and gentlemens clubs stopped collecting the fees while they faced legal challenges, they now face millions of dollars in retroactive payments owed to the state. 

Texas Comptroller Susan Combs said in a letter to club owners in early April that the pole tax is still due and payable despite litigation.

One gentlemens club chain that has a major presence in the state is Rick's Cabaret International, which has more than 30 clubs in Texas. Rick's Cabaret has accrued about $14.6 million in liabilities for the pole tax in the past four years. After 2009, the company has not made any pole-tax payments to the state.

The pole tax amounted to $866,000 for its Texas clubs in the past quarter.

View ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aubrey Kate, Charlotte Sins Star in New Transfixed Release

Aubrey Kate and Charlotte Sins star in the latest release from Transfixed, titled "Saved by the Bolster."

Connie Perignon, Angel Youngs Lead Latest From Jules Jordan

Connie Perignon and Angel Youngs star in the latest release from Jules Jordan.

TTS Opens New Los Angeles Testing Location

Talent Testing Service (TTS) has opened a new Hollywood location in Los Angeles.

Kasey Kei, Emma Rosie Topline Joey Silvera's 'Trans-Active 34'

Kasey Kei and Emma Rosie headline director Joey Silvera’s “Trans-Active 34” from Evil Angel.

Octavia Red, Rissa May Topline 'All Natural Lesbians' From Sweetheart Video

Newly crowned XMAs Girl/Girl Performer of the Year Octavia Red and Rissa May headline “All Natural Lesbians” from Mile High Media studio imprint Sweetheart Video.

Harlie Hotwife Makes Her WIFEY Debut

Creator Harlie Hotwife stars with her husband Travis and Prince Yahshua in the latest release from Vixen Media Group studio imprint WIFEY.

Mandii Rose Makes Her Elegant Angel Debut

Mandii Rose stars with Charles Dera in her Elegant Angel debut, titled “Good in the Hands.”

Rachel Rampage Stars in Latest From Kink.com

Rachel Rampage stars with Marcelo in the latest installment of Kink.com's "Divine Bitches" series.

Avery Lust, Chanel Chance Star in Latest From TGirls.Porn

Avery Lust and Chanel Chance star in the latest release from Grooby paysite TGirls.Porn, titled "The New Faces."

Eva Angelina Makes Her Tushy Debut

Eva Angelina has made her debut for Vixen Media Group studio imprint Tushy.

Show More