Bra-Free Expression Is Still Free Expression
Love this case out of New York, written up by Jacob Gershman in the WSJ:
The answer may seem obvious, but it has attorneys in Albany arguing: How is a ballerina different from a pole dancer?New York's highest court, the Court of Appeals, will hear arguments on Wednesday in a case pitting the state's Department of Taxation and Finance against a strip club called Nite Moves that is situated about 15 minutes from the state Capitol.
The issue: whether the club's $11 cover charge and $20, three-minute lap dances are subject to an 8% sales tax.
The seven-judge panel is being asked to interpret an obscure part of the state tax code that exempts sales-tax charges for "dramatic or musical art performances." The state wants the court to prevent strip clubs from using the same sales-tax exemption as the New York City Ballet.
New York Attorney General Eric Schneiderman's office is representing the tax department. While noting that some "pole tricks" are "difficult to perform," state attorneys wrote in a court brief that some Nite Moves dancers "have no prior dance experience at all and simply learn moves from other dancers during slow shifts over time."
Such a dancer isn't "engaged in a genuine choreographic dance performance when she removes her clothing," the brief said. "In fact," it added, "some patrons paid the admission fee simply to come in and enjoy a conversation with the dancers."
Representing Nite Moves is Andrew McCullough, an Albany native who is one of the nation's premier attorneys for adult-themed businesses. The tax man, he said, is behaving too much like a dance critic.
"If they've spent hours and hours practicing and learning this stuff, and if they can flip around and do amazing moves, why aren't they choreographed dance performers?" Mr. McCullough said.
"Under their code," said the club's CFO Stephen Dick, "Eric Clapton, who didn't go to school to learn guitar, his performances would be taxable."
via ifeminists
"...some Nite Moves dancers 'have no prior dance experience at all and simply learn moves from other dancers...'"
I think that's wonderful. Couldn't the same thing be said about some Native American dances?
"How is a ballerina different from a pole dancer?"
One wears a tutu and one doesn't. Duh!
"Such a dancer isn't 'engaged in a genuine choreographic dance performance when she removes her clothing...'"
I thought that was the main feature of Canadian ballet. In any case, I don't think whether or not her performance is "choreographic" can be determined by what she is or isn't wearing.
Tell me if this dancer's performance is not choreographic:
http://www.youtube.com/watch?v=obC7vjVc8Rk&feature=fvwrel
Ken R at September 6, 2012 3:10 AM
On the bright side, New York's attempt to tax everything is employing people who would otherwise be those annoying idiots arguing about sports trivia in a bar somewhere.
New York was, from its inception, corrupt and remains so. Billions of this is going to support a canal system that was doing fine until the state merged it with Thruway Authority. Now we need to raise tolls on roads that were supposed to be free after the bonds were paid off.
If that doesn't make you sick, ponder horse racing. I've no problem with the sport, but those who want it should pay for it. Ditto sports stadia.
MarkD at September 6, 2012 4:11 AM
"take your clothes off, get taxed" seems an easy enough way to draw the line. Why aren't artistic shows taxed? They should be too. I'm tired of supporting the arts involuntarily.
momof4 at September 6, 2012 6:04 AM
I'm with M4. The problem is the exemption, not the arguing over who qualifies for it.
And I like strip clubs! But they're selling a service. If there is a dopey sales tax, it should be applied there like anywhere else.
Ltw at September 6, 2012 6:09 AM
The government needs to get out of judging what is art.
Jim P. at September 6, 2012 6:15 AM
"Under their code," said the club's CFO Stephen Dick, "Eric Clapton, who didn't go to school to learn guitar, his performances would be taxable."
And so they are. You don't think the ticket price includes taxes? Than you're more naive than I thought!
Flynne at September 6, 2012 9:31 AM
ThEn. Ack.
o.O
Flynne at September 6, 2012 9:32 AM
Why aren't artistic shows taxed?
Unfortunately it's probably because thier campaign contribution check was large enough.
Joe J at September 6, 2012 10:05 AM
Seems to me like stripping meets the definition... it certainly is a "dramatic... performance"!
Cousin Dave at September 6, 2012 12:02 PM
This performance is dramatic enough for me:
http://www.youtube.com/watch?v=h8IvZ2cKBic
Martin at September 6, 2012 1:53 PM
Well Ken, she neither stripped, nor had the prerequisite stripper shoes on. The pole doesn't make it stripping, the stripping does. She was doing gymnastics. Should still be taxed, though.
momof4 at September 6, 2012 5:11 PM
I don't have time to work out a proper joke for this, so I'll give you the punchline, and you can solve for the lead-in: Nutcracker Suite.
Walter Moore at September 6, 2012 7:51 PM
Walter,
"What does a stripper perform for a customer who gropes once too often?"
Ltw at September 7, 2012 2:43 AM
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