local6.com

TEXAS

A state judge has declared the so-called "pole tax" invalid, but Texas officials said they still expect strip clubs to pay it.

At issue is the $5 cover fee on club patrons that the state legislature passed last year. The money raised was to go to sexual assault services and health insurance for the poor.

But club owners challenged the fee in court, and last month a district judge found it to be an illegal tax on expression protected by the First Amendment.

The state's attorney general filed an appeal, which automatically suspended the judge's ruling.

The state comptroller has now sent a letter to the clubs saying the fee remains active and payments are due Monday, otherwise a 5 percent penalty will be tacked on.

An attorney for one major club owner calls that "a grave injustice."

Comments (2)

thesarge: ... There would likely be few problems for the Texas Taxing Agency to get volunteers to help check for cheating and/or inaccuracies of reporting by those facilities. 1 April 18, 2008 ramorgan: ... I would volunteer my services and go undercover to as many of the clubs as they would let me, er, I mean need me to go to in order to get the goods on the baddies not paying the tax. I wonder if I'll get an expense account? 2 April 19, 2008

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