Texas Justices Weighing Free Speech Rights With 'Pole Tax'

AUSTIN, Texas — Oral arguments are slated for March 25 in a Texas Supreme Court case that may decide whether the government can tax content protected by the 1st Amendment.

The issue at hand is the legality of charging a $5-per-person “pole tax” to customers of Texas’ 115 strip clubs and other adult entertainment venues, which Texas justices have decided to weigh.

The state, which has collected more than $12 million in fees that have been held in escrow pending the final outcome of the case, lost a round at court when a judge struck down the pole tax in March 2008. The state lost again in June when a state court of appeals decided the tax’s fate.

The law, passed in the 2007 legislative session, originally directed revenues collected from the fee toward sexual abuse and violence treatment and prevention programs, but it has been mired in legal challenges since it took effect.

Last year, an alternative measure was introduced that would include a 10 percent tax to those sexually oriented businesses that charge an admission fee. But the measure was postponed nine months ago.

That bill was hammered out with the help of members of the Texas Entertainment Association, an industry trade association for Texas strip-club owners.

Texas litigator David A. Furlow, who has represented businesses in numerous cases involving 1st Amendment protections, told the Houston Chronicle that the central issue of the pole tax is whether the government can levy a tax on speech.

“When you say certain types of messages and certain types of entertainment can be taxed, you begin down a slippery slope that can allow the government to destroy a form of business by taxing it out of existence,” he said.

To defend the law, the government has been forced to argue that strip clubs lead to greater violence against women, a claim for which there is no evidence, Furlow said.

The Utah Supreme Court upheld a similar law last year, ruling that taxing strip club patrons did not have the effect of restricting expression and served “an important state interest.”

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

Magic Silk Debuts 'Euro Lux' Collection

Magic Silk has introduced its new Euro Lux line of lingerie.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

XR Brands Debuts Stroker Collection, Love Doll

XR Brands has introduced its new Hentai Fantasies stroker collection, as well as the K-Pop Idols love doll.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Better Life Science Introduces Influencer Affiliate Program

CLIA-certified laboratory network Better Life Science has launched an affiliate and influencer program.

Nasstoys Names Meghan Beck Vice President of Sales and Operations

Nasstoys has appointed Meghan Beck as its new vice president of sales and operations.

Hankey's Toys Debuts Krave Melanin Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Krave Melanin.

Show More