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

A look inside The Shop in Troy

This Friday marks the grand opening for The Shop, a new restaurant and bar in downtown Troy. It's the third commercial space to open at... (more)

Pizzaween

Pizza fact of the day: We've heard a few times that Halloween is one of the busiest days of the year for pizza shops. How... (more)

NANOvember 2014

The entity now known as the Colleges of Nanoscale Science and Engineering (CNSE) at SUNY Polytechnic Institute (SUNY Poly) is taking over the month of... (more)

Campaign Yard Sign Design Election 2014, Part I

Election Day is next Tuesday, and that means campaign yard sign season is at its peak. Front lawns, street medians, parking lots, and many other... (more)

Morning Blend

The fugitive arrested in Hudson Falls on Tuesday had jumped bail and escaped from house arrest where he was awaiting trial on rape charges. Police... (more)

Recent Comments

... as somebody who is interested in developing downtown and possibly starting a business there, but isn't Columbia development, what message do those tax breaks send to me? The smaller players who will do the type of infill, mixed use development that we really need get discouraged when they see that only the big guys get any support from the city and that the playing field is tilted against them ...

A young, active church congregation?

...has 7 comments, most recently from Jin

A look inside The Shop in Troy

...has 6 comments, most recently from mg

CDTA now offering realtime bus info

...has 7 comments, most recently from Otis Maxwell

Impact Downtown Albany's vision of what the city's downtown could be

...has 9 comments, most recently from Jay

Chicken parm at D'Raymonds

...has 6 comments, most recently from Julie