Home > News > PA Senator Proposes Study on Adult Biz Tax Plan • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

PA Senator Proposes Study on Adult Biz Tax Plan

Legislator said she wants to tax adult businesses to ‘remediate the harm they are doing in communities.’
PA Senator Proposes Study on Adult Biz Tax Plan
Get XBIZ News
Jan 7, 2008 2:30 PM PST    Text size: 
HARRISBURG, Pa. — A Pa. state senator has proposed a study to look at levying a tax on adult products sold and adult entertainment businesses located in the state, saying that she wants to impose a tax to offset negative secondary effects caused by adult entertainment.

Sen. Jane Orie, R-McCandless, late last week asked the Pa. Senate to approve a resolution authorizing the Legislative Budget and Finance Committee to study whether a 10 percent excise tax on adult entertainment products would be practicable for the state.

Orie said the study would investigate the possibility of taxing distributors and publishers of adult content, adult book and video stores, escort services and strip clubs, and argued that a tax would “remediate the harm they are doing in communities.”

Orie, a graduate of the Duquesne University Law School who practices law in Allegheny County, noted that constitutional challenges to similar tax laws in Utah and Texas must be watched closely by Pa. lawmakers, but opined that it would be possible to establish the tax if it targets only the “secondary effects” of adult businesses.

The revenue from the tax would go to assist programs that deal with problems that allegedly arise from the use of pornography, Orie said, citing mental health, child advocacy and domestic violence as areas of service that are affected by adult entertainment.

Jeffrey Douglas, chairman of the Free Speech Coalition, told XBIZ that Orie’s assurances that the tax would be constitutional if limited to “secondary effects” adult entertainment were an oversimplification of the question, at best.

”At the heart of this kind of proposal is taxation that targets one form of protected expression over another, and it means that the government is favoring one form of expression over another,” Douglas said. “No matter how proponents embroider it, all of these taxation schemes are designed to burden forms of expression that they don’t like, but not forms of expression that express the same thing, but that don’t show off the same body parts.”

Douglas said that the courts have consistently shot down taxation that targets disfavored forms of expression, and said that Orie’s proposal is likely to meet the same fate.

Asked why state governments would continue to propose such forms of taxation if they are doomed to be struck down by the courts, Douglas said it all comes down to politics.

“These proposals are inconsistent with the 1st Amendment and inconsistent with legal precedent — but they make great local politics, so we continue to see these bills,” Douglas said.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

How Advertisers Use Your Devices to Sell You Stuff

The paranoia has reached an all-time high. Now some people actually believe that their microwave ovens are spying on them — despite the fact they don’t have any listening devices or cameras.... More »

As Mobile Grows, So Does Need to Push Sales

The number of consumers browsing and buying online will reach 270 million by 2020, driven largely by activity on mobile devices, according to Forrester. Business is booming and the fact that most purchases... More »

With AI, Routine Tasks Start Fading Away

I just turned 42. The list of things I may never do again is growing fast. I no longer dream that I will become an Olympian in any sport except archery or horseback riding. The oldest Olympians in those... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!