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

Sheridan Hollow redevelopment: now rented

Here's a quick update on the ongoing Sheridan Hollow redevelopment project in Albany, one of the most interesting real estate projects in the Capital Region...... (more)

Morning Blend

Ethics reform Without fanfare on Wednesday, Andrew Cuomo signed an ethics reform package that would impose tight restrictions on outside spending groups in an effort... (more)

Today's moment of summer

Congress Street in Troy. Love the way the late afternoon sun filters through the locust trees.... (more)

Power tool drag racing in Troy

This is weird, in a potentially gleeful way: One the events at the Troy Mini Maker Faire at the Tech Valley Center of Gravity this... (more)

A face in 128 points

The Cuomo admin is touting an upgraded state DMV facial recognition system that launched earlier this year -- the admin says the system is intended... (more)

Recent Comments

Tried them out yesterday on my bike. It felt SO much safer than the rest of Madison. And guess what? Where it's 4 lanes, I had to take up a whole lane anyway because there is not enough space. This will definitely encourage others to ride bikes. And I have not seen any additional traffic. It's astonishing that in 2016 Albany still only has 2 bike lanes. We need lots more!

Madison Ave Road Diet, now lined up

...has 19 comments, most recently from Mike

Sheridan Hollow redevelopment: now rented

...has 1 comment, most recently from JayK

Drawing: Enchanted City after party tickets, gift cards to Slidin' Dirty and Little Pecks

...has 53 comments, most recently from Annmarie

Madison Ave Road Diet striping to start, lower speed limit on Washington Ave

...has 18 comments, most recently from JayK

Tacos at Oaxaquena Triqui

...has 20 comments, most recently from Mel S