Pole-dance tax fight

Pole-dance tax fight

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NEW YORK (MYFOXNY) - Lawyers for Larry Flynt's Hustler Club on Manhattan's West Side have filed a civil suit against the state for taxing its performances. An administrative judge ruled in February that the club had to pay $2.1M in contested taxes. 

The club says it's First Amendment rights were violated by the 8.5 percent sales tax.

An auditor for the Department of Taxation told the NY Post that when determining what types of venues are taxed "It is related to dramatics, things that are preformed at an opera house and not in terms of a social club that provides exotic dancers or the so-called gentleman's club."

The Hustler Club has argued that the U.S. Supreme Court has ruled on numerous occasions that entertainment in the form of a striptease is protected expression under the First Amendment.

The Dept. of Taxation says it doesn't view the performances at the Hustler Club as a "dramatic event."













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