Judge: Pole Dancing Is Art Qualifying for Sales Tax Exemption

LATHAM, N.Y. — Pole dancing is "no small feat" — and it's also art qualifying for a tax exemption.

That was the bottom line for an administrative law judge, who ruled in favor of Nite Moves, all-nude strip club in Latham, billed as “New York’s Premiere Adult Club in the Capital District.”

Judge Catherine M. Bennett, in a decision last month, determined that cover charges imposed by Nite Moves are not subject to state sales taxes because pole dancing qualifies for the "dramatic arts" sales tax exemption under a state tax law.

Bennett made the ruling after reviewing DVDs of exotic dancers and getting a tutorial from PoleJunkies.com. She also heard testimony from a University of Maryland dance scholar.

"The videos depicted dance routines that incorporated acrobatic pole maneuvers, splits and other patterned repetitions," Bennett ruled. "The pole maneuvers in particular are no small feat to accomplish, and attempting such a performance without the skill and a planned routine of steps could prove dangerous.

"The fact someone may believe that this entertainment is not appropriate for any audience is not the issue," she ruled. "The fact that the dancers remove all or part of their costume during the performances, that the dance routines are seductive in nature and titillation of a patron is the outcome, simply does not render such dance routines as something less than choreographed performances, or remove them from the exception to the general rule of Tax Law §1105(f)(1)."

Bennett cited the submissions by Nite Moves as demonstrating that the strippers were engaged in intricate, choreographed routines that elevated them into the realm of art.

Her decision relieves Nite Moves and its parent company of nearly $129,000 in liability for state sales taxes on cover charges and on the money dancers turned back to the club as its portion of the fees charged for private dances they performed for patrons between December 2002 and August 2005.

Related:  

Copyright © 2025 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

Creative Conceptions Now Shipping Skins Sexual Health 'Kegels'

Creative Conceptions is now shipping the new Skins Sexual Health kegel balls.

Paradise to Host 'Happy Hour' Event at XBIZ Expo

Paradise Pleasure Products will host a special Happy Hour event during XBIZ Expo 2026.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

Fleshlight, Ricky's Room Team Up to Launch New Product Line

Fleshlight and Ricky's Room have partnered to launch the new Fleshlight x Ricky's Room collection.

VVD Debuts 'Rider Desire Black' Sex Machine

Pleasure brand VVD has introduced its limited edition Rider Desire Black sex machine.

b-Vibe to Host 'Pottery & Sip' Event at XBIZ Expo

B-Vibe will host a “Mold Your Fantasy: A Pottery & Sip Experience” in partnership with Pot Studio LA during XBIZ Expo 2026.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

LELO Toys Featured on Netflix's 'Emily in Paris'

LELO's Sona 2 Cruise and Soraya Wave appear in episode seven of the latest season of Netflix's "Emily in Paris."

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Ball & Chain Debuts New 'Sex Dice' Game

Ball & Chain has introduced its Really Big Sex Position Dice game.

Show More