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 © 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

Svakom Debuts 'DuoGlow' 5-in-1 Vibe

Svakom has introduced its new DuoGlow five-function vibrator.

Eversense Toys Launches 'Crowdfundr' Campaign

Pleasure brand Eversense Toys has launched a Crowdfundr campaign.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Flirt4Free, Lovense Introduce New 'Interactive Control' Features

Flirt4Free has debuted a new suite of interactive Lovense control features for models.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Blush Debuts 'Violet Vixen' Vibe From 'Temptasia' Collection

Blush has introduced the Violet Vixen vibrator from its Temptasia collection.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Orion Expands Cottelli 'Costumes' Line

Orion Wholesale has introduced three new outfits from its Cottelli Costumes line.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

Show More