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 quick recap of the week

Here are a few highlights from the past week on AOA: + Hey, look, it's a new in-between places place: Waterford. + M. asked about... (more)

Parking spot dog park

We took a few minutes Friday afternoon to check out some of the displays for Park(ing) Day in Albany (as mentioned), an event that temporarily... (more)

Night of the Walking Red in "Ginger City, USA"

The League of Extraordinary Red Heads will once again stage its Night of the Walking Red October 1 at Brown's Brewing Co. in Troy. Organizer... (more)

Suggestions for dealing with lead abatement?

Sandra emails: We just bought a house, and discovered that there is very badly chipping lead paint on a couple of radiators in our house.... (more)

Stuff to do this weekend

The last weekend of summer has officially arrived, though, let's be honest, we're already in cider donut and sweater mode. This weekend, as we straddle... (more)

Recent Comments

... I was impressed w/ All Day She Plays and actually bought a dress - during lunch - in Albany. Haven't walked out of my office building during lunch and bought a dress since I lived in NYC.

Stuff to do this weekend

...has 2 comments, most recently from BS

A good painter?

...has 15 comments, most recently from Michelle

Night of the Walking Red in "Ginger City, USA"

...has 1 comment, most recently from Wen Gross

Parking spot dog park

...has 2 comments, most recently from julie

The latest One Monument Square plan evolves

...has 10 comments, most recently from J. Welf