Nevada Adult Clubs Cite 1st Amendment Over 10% Tax

LAS VEGAS — More than a half-dozen Nevada adult entertainment venues are suing the state, claiming its Live Entertainment Tax is an unconstitutional tax on an expressive activity protected by the 1st Amendment.

The suit, filed in U.S. District Court in Las Vegas on Tuesday, was initiated by the owner of Déjà vu Showgirls of Las Vegas, includes plaintiffs Little Darlings, Spearmint Rhino Gentlemen’s Club, Olympic Garden, Sapphire, Crazy Horse Too Gentlemen’s Club, Scores and Treasures.

Plaintiffs are targeting enforcement of Chapter 368A of the Nevada State Tax Code that has been on the books since July 2003 but was amended two years later. The code’s amendment was extended to clubs that are defined as “adult” entertainment establishments.

Chapter 368A grants a 10 percent tax on admission charges, food, refreshments, merchandise and entertainment fees, which includes lap dances.

The strip clubs say that the tax goes against 1st and 14th Amendment freedoms, and in particular on live exotic performance dance entertainment. They have asked the court to grant a preliminary and permanent injunction against the state for enforcing Chapter 368A, as well as refunds to some of the clubs that have made payments.

“The nonobscene performance dance entertainment establishments operated by the plaintiffs constitutes speech and expression, as well as assembly, protected by not only the 1st and 14th Amendments, [as well as articles] of the Nevada Constitution as well,” according to the suit.

At post time, plaintiffs attorney Thomas Michaelides was unavailable for comment to XBIZ.

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

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

'Group C' to Debut 'Woodman Casting X' Board Game

Gaming company Group C will debut its new industry-themed board game, “Woodman Casting X — The Game,” later this year.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew 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.

Hankey's Toys Unveils 'Peak' Prostate Dildo

Mr. Hankey's Toys has debuted the Peak, its new P-spot-targeting prostate dildo.

Kheper Releases 'Ride My Dick' Tickets

Kheper Games has debuted its new "Ride My Dick" sex act novelty coupons.

SVibe Debuts 'Jovi Arc' Vibrating Cock Ring

SVibe has introduced the new remote-controlled Jovi Arc vibrating cock ring.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Blush Introduces 2 New Vibrating Wands

Blush has debuted two new oscillating wand vibrators, Juno and Sage.

XBIZ Retail Retreat Miami Set for May 4-8

The summer edition of XBIZ Retreat will take place May 4-8, welcoming attendees back to the Grand Miami Beach Hotel’s oceanfront setting and marking the latest installment of the all-inclusive, invitation-only B2B retail event.

Orion Expands 'Beau Coeur' Collection

Orion Wholesale has introduced five new pleasure products from its Beau Coeur collection.

Show More