A Manhattan judge has rejected a claim by a strip club that it is a purveyor of “dramatic or musical arts performances,” and thus exempt from New York state taxes on places of entertainment.
Larry Flynt’s Hustler Club argued that it was entitled to the exemption, and that the New York state tax statute violates the free speech rights of the adult entertainment club industry by singling it out for an unconstitutional tax burden.
But Supreme Court Justice Anil Singh (See Profile) said that “the dances at the club were ancillary to the ultimate service sold, which was sexual fantasy.”
Singh ruled Wednesday in CMSG Restaurant Group v. State of New York, 153539, that an administrative law judge’s finding that Hustler owed $2.1 million in back taxes was valid.
