Wednesday, April 02, 2008

Texas Strip Club "pole" tax ruled unconstitutional


Jenkins ruled the law unconstitutional, writing that erotic dancing is a form of expression protected by the First Amendment. Laws regulating expression must pass strict constitutional tests.

Jenkins focused on the dedication of the fee revenues to the uninsured, writing that he saw no evidence linking the activity of nude, erotic dancing to a lack of health insurance among the dancers.

Cohen said she would explore other legislative options, such as rewriting the law so all the money goes to rape prevention programs, or redirecting the health-care portion to uninsured sexual assault victims, instead of all uninsured patients.