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 call for early voting and other ways to make it easier to vote in New York State

Given that the United States republic is more than two centuries old, it's remarkable that we still struggle with the mechanics of one of the... (more)

Schedule for drinks-and-art series at the Arts Center extended

he Arts Center of the Capital Region is extending its popular "Social Media" drinks-and-art series with a new schedule of dates in the next year.... (more)

What's up in the Neighborhood

Among the topics in this most recent spin around the Capital Region's online neighborhood: River Street, burial grounds, dangerous occupations, not-broken homes, trains, the Victory... (more)

Phoenicians Mediterranean Palace

The new Phoenicians Mediterranean Palace recently opened on Fuller Road in Colonie. It's the successor to the Phoenicians Restaurant on Central Ave -- and it's... (more)

Not guilty plea in Alkaramla case, Rocks suspect connected to Bloods, longtime journalist/columnist Marv Cermak dies at 84

Not guilty plea in Alkaramla case The late Noel Alkaramla's former stepfather pleaded not guilty to second degree murder and other charges connected to her... (more)

Recent Comments

I grew up in the Utica area and moved out here in 1998. It really is funny how different the cultures are less than 100 miles away. It's more laid back in the Utica/Syracuse area, and the culture is much more "country" whereas Albany and a lot of the are around it is much more fast paced and has more of a NYC influence. Both are nice places to live, but definitely different vibes.

Giving ALDI a try

...has 15 comments, most recently from chrisck

Milk delivery options in the Capital Region

...has 43 comments, most recently from AS

Phoenicians Mediterranean Palace

...has 4 comments, most recently from David & Judi Michela

Today's moment of perspective

...has 3 comments, most recently from Jordan

What if Albany is upstate, but not "Upstate"?

...has 6 comments, most recently from JOTeepe