Nite Moves' Supreme Court peitition denied

The petition by the Latham strip club Nite Moves to get the Supreme Court of the United States to hear its appeal of a ruling by New York's highest court on a sales tax exemption was rejected today by SCOTUS. (The application is listed under "CERTIORARI DENIED" as "677 NEW LOUDON CORP. V. NEW YORK TAX APPEALS TRIBUNAL.") Having cert denied isn't necessarily a comment on the case by the court, it just means not enough justices decided it was worthy enough to be taken up by the court.

The case in question revolved around an argument by Nite Moves that it shouldn't have to pay sales taxes on cover fees and private dances because such, um, services qualified for a "dramatic or musical arts performances" tax exemption. Last October, the New York State Court of Appeals -- the state's highest court -- rejected the argument 4-3. It's an interesting case and the opinions -- especially a dissent by Judge Robert Smith -- are good reading.

Attorneys for Nite Moves had framed their petition to the Supreme Court as a First Amendment question, asking whether the state had the right "to selectively administer a tax exemption for dramatic or musical arts performances in a way that imposes a higher tax on content that a government functionary disfavors" (more links to related docs). The group of attorneys representing the club's case included a high-profile First Amendment lawyer who had successfully petitioned for a posthumous New York State pardon of Lenny Bruce. Nite Moves' case had also gotten support from attorneys for Larry Flynt. [Media Coalition] [WSJ] [TU]

So now we all miss out on the opportunity to hear the Supremes discuss the artistic merits of lap dances. But we'll still have that Colbert Report segment starring Steve Barnes.

Say Something!

We'd really like you to take part in the conversation here at All Over Albany. But we do have a few rules here. Don't worry, they're easy. The first: be kind. The second: treat everyone else with the same respect you'd like to see in return. Cool? Great, post away. Comments are moderated so it might take a little while for your comment to show up. Thanks for being patient.

The Scoop

Ever wish you had a smart, savvy friend with the inside line on what's happening around the Capital Region? You know, the kind of stuff that makes your life just a little bit better? Yeah, we do, too. That's why we created All Over Albany. Find out more.

Recently on All Over Albany

Solar continues to grow around New York

The Capital Region had the second-highest amount of installed solar energy generation capacity in the state as of 2014, according to numbers released by the... (more)

Pasties, Pencils, and Pints 3rd anniversary

Sassy drink 'n draw Pasties, Pencils, and Pints returns to The Hangar in Troy July 16 after taking a few local months off. It's the... (more)

Albany I Spy 2015, game on

The clue sheet and map for this year's Albany I Spy, the popular photo scavenger hunt from Albany Archives and the Albany County Convention &... (more)

Hopping islands in the Hudson River

Ahead of the Rail, River, Hudson II tour this coming weekend, we have a series of posts focusing on the Hudson River this week. I've... (more)

Morning Blend

Dannemora escape David Sweat was discharged from Albany Med early Sunday morning and moved to the Five Points Correctional Facility in Romulus (in Seneca County),... (more)

Recent Comments

And there it is. Architectural panel. This is what the people in this project think is good enough for you, Troy. I can't wait til this project limps to the finish line in time for the upcoming elections. Then we can just go about calling the building what it really is: The Atrium 2.0

A look at the latest plan for the 1 Monument Square project in Troy

...has 22 comments, most recently from Paul

Neighborhood highlights

...has 3 comments, most recently from SGK

Good mechanic / specialist for car exhaust system repair?

...has 13 comments, most recently from Martin

Restricted public access at Kaaterskill Falls this summer

...has 1 comment, most recently from Gary Bisogna

Stuff to do this weekend

...has 1 comment, most recently from KB @ Home-Baked Happiness