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

CalExotics Expands 'Performance Maxx' Collection

CalExotics has expanded its Performance Maxx collection with two new penis sleeves.

Orion Introduces New 'Zado' Harness Set

Orion Wholesale has introduced a new leather harness set from its Zado line of BDSM gear.

CalExotics Expands 'Love Bunny' Collection

CalExotics has expanded its Love Bunny collection with two new dual-motor vibrators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Icon Debuts New 'Good Clean Fun' Douche

Icon Brands has introduced its new Good Clean Fun douche.

Westridge Acquires Mayer Laboratories

ID Lubricants parent company Westridge Laboratories has acquired sexual wellness brand Mayer Laboratories, manufacturer of Kimono condoms and Blossom Organics personal lubricants.

Male Power Debuts 'Ripple' Collection

Male Power has introduced its new Ripple collection of men's underwear.

Adam & Eve Reveals Results of 'Masturbation' Survey

Adam & Eve has released the results of a survey asking respondents how they prefer to masturbate.

Orion Debuts 'V-Stroker' Collection From Rebel Line

Orion Wholesale has introduced the new V-Stroker collection from its Rebel line.

Show More