Texas Justices Weighing Free Speech Rights With 'Pole Tax'

AUSTIN, Texas — Oral arguments are slated for March 25 in a Texas Supreme Court case that may decide whether the government can tax content protected by the 1st Amendment.

The issue at hand is the legality of charging a $5-per-person “pole tax” to customers of Texas’ 115 strip clubs and other adult entertainment venues, which Texas justices have decided to weigh.

The state, which has collected more than $12 million in fees that have been held in escrow pending the final outcome of the case, lost a round at court when a judge struck down the pole tax in March 2008. The state lost again in June when a state court of appeals decided the tax’s fate.

The law, passed in the 2007 legislative session, originally directed revenues collected from the fee toward sexual abuse and violence treatment and prevention programs, but it has been mired in legal challenges since it took effect.

Last year, an alternative measure was introduced that would include a 10 percent tax to those sexually oriented businesses that charge an admission fee. But the measure was postponed nine months ago.

That bill was hammered out with the help of members of the Texas Entertainment Association, an industry trade association for Texas strip-club owners.

Texas litigator David A. Furlow, who has represented businesses in numerous cases involving 1st Amendment protections, told the Houston Chronicle that the central issue of the pole tax is whether the government can levy a tax on speech.

“When you say certain types of messages and certain types of entertainment can be taxed, you begin down a slippery slope that can allow the government to destroy a form of business by taxing it out of existence,” he said.

To defend the law, the government has been forced to argue that strip clubs lead to greater violence against women, a claim for which there is no evidence, Furlow said.

The Utah Supreme Court upheld a similar law last year, ruling that taxing strip club patrons did not have the effect of restricting expression and served “an important state interest.”

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Stephen Colbert Takes Aim at Texas' Crackdown on Sex Toys

Stephen Colbert is cracking up over Texas lawmakers’ crackdown on sex toys in the state.

XR Brands 'Silicone Body Forms' Highlighted at Paris Fashion Week

XR Brands’ Ripped Silicone Male Chest and Perky Pair Silicone Breasts were highlighted at 2025 Paris Fashion Week.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Eye of Love Introduces 'Matchmaker Collection' Display Planogram

Eye of Love has debuted a new display planogram for its Matchmaker Collection of pheromone-infused scents.

Fleshlight Debuts Taylor Vixxen Stroker

Fleshlight has introduced its new Pro stroker, molded on the anatomy of Taylor Vixxen.

Orion Expands 'LateX' Collection With 2 New Outfits

Orion Wholesale has added two new outfits to its LateX collection of fetish apparel.

Blush Debuts 'Unicorn Dreams' Vibrator

Blush has introduced the new Unicorn Dreams vibrator from its Play With Me collection.

Ofcom Fines OnlyFans Parent Company Over Inaccurate Age Verification Reporting

U.K. communications regulator Ofcom has fined OnlyFans parent company Fenix International Ltd. $1.36 million for inaccurate reporting of its age verification measures.

Cyberskin Debuts 4 New Strokers

Pleasure brand Cyberskin has introduced four new strokers.

Chappell Roan Gives Shout Out to Womanizer on 'Call Her Daddy' Podcast

Chappell Roan gave a shout-out to Womanizer during her guest appearance on the “Call Her Daddy” podcast, hosted by Alex Cooper.

Show More