U.S. Justices Won't Hear Hustler Club's Exemption Case

U.S. Justices Won't Hear Hustler Club's Exemption Case

WASHINGTON — The nation’s highest court has declined to review a petition from the owner of Larry Flynt's Hustler Club in New York, which asked justices to decide whether the state unconstitutionally denied the club a musical performance exemption from its “place of amusement” admission tax. 

The U.S. Supreme Court did not comment on the recent denial.

Operators of the club, CMSG Restaurant Group, had argued that New York's application of the four percent amusement tax to the club and its withholding of the musical performance tax exemption amounted to content-based discrimination.

CMSG also claimed that, in violation of the 1st and 14th Amendments, they weren’t able to get a full hearing on their claims in either its administrative process  or the state courts.

CMSG argued the case “squarely presents the question of whether a tax collector may function as an art critic and withhold exceptions based on his or her aesthetic preferences.”

Operators further said that the state went too far in rulings that deemed the performances “sexual fantasy, not dance” and subject to the tax.

A five-judge panel of the New York state Supreme Court earlier ruled statutes that place an excise tax on admissions to adult entertainment clubs are constitutional,

They rejected charges by CMSG that the taxes singled out striptease performances, in violation of free speech rights.

CMSG petitioned for writ of certiorari with the U.S. Supreme Court in July, arguing New York unconstitutionally denied the club’s attempt to qualify for the exemption. 

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

Full Circle Brands Expands 'The Pleasure Company' Vibe Collection

Full Circle Brands has introduced four new devices from its Pleasure Company collection of vibrators and massagers.

Blush Debuts 'Rowen' From 'EnLust' Collection

Blush has introduced the new Rowen dildo from its EnLust line.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

CalExotics Expands 'Aura' Collection

CalExotics has expanded its Aura collection with three rechargeable bullet vibrators and two dual-action massagers.

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

Blush Introduces 'Aurora' Dildo From Avant Line

Blush has debuted the Aurora dildo from its Avant Collection.

Womanizer Introduces 'Liberty 2 Leopard Edition' Stimulator

Womanizer has debuted its new Liberty 2 Leopard Edition clitoral stimulator.

Honey Play Box Taps Aly Kennel for Sales Rep Role

Honey Play Box has added Aly Kennel to its sales team.

Show More