State officials say the state's new $5 surcharge for strip club visitors will not violate the clubs' First Amendment free speech rights.
District Judge Scott Jenkins agreed Tuesday.
The Texas Entertainment Association and Karpod, Inc., the operator of an Amarillo club, sued Texas Attorney General Greg Abbott and Comptroller Susan Combs earlier this month.
Jenkins denied The Texas Entertainment Associations' request to put a temporary injunction to block the fee. He said he did not think the fee would cause irreparable damage and that it did not violate the clubs First Amendment rights.
The clubs say the fee would amount to an unconstitutional tax on nude dancing, a form of expression protected by the First Amendment.
Robert Jensen, a journalism professor at the University of
Texas, agreed.
"I don't think any of that impacts seriously on the sexual
exploitation industries that have nothing to do with democratic self-governance and have nothing to do with creative expression," Jensen said.
The fee will go into effect Jan. 1. Club owners don't have to pass that fee on to its patrons. They could just take the hit.
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Sin tax
State officials say the state's new $5 surcharge for strip club visitors won't violate the clubs' free speech rights.
 
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Local strip club managers would not comment nor would members of the Texas Entertainment Agency and Comptroller's Office. But the executive director of the Texas Association Against Sexual Assault, Annette Burrhus-Clay, is talking.
"There's an increase demand in services for sexual assault
survivors across the state and yet the resources tend to be
diminishing," Burrhus-Clay said.
The first 25 of the estimated $44 million raised will go toward the Sexual Assault Program Fund.
"We know that the majority of people that make money from strip clubs are young women who are disproportionately represented as sexual assault victims as well, so it kind of made sense for us in that way," Burrhus-Clay said.
Burrhus-Clay said she's not suggesting there is a direct correlation between strip clubs and crime, but figures if people are going to give money away, they might as well give it away to a good cause.
Strip club owners say it's unfair they're the only industry that's being forced to be charitable.
