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

Morning Blend

Crime numbers + A look at 2015 crime numbers for Capital Region municipalities out this week from the FBI. [Daily Gazette] + Troy had a... (more)

Today's moment of autumn

It's insect week, apparently.... (more)

Art Spiegelman at Skidmore

Pulitzer Prize-winning cartoonist Art Spiegelman will be at Skidmore October 4 for a talk about the history of comics. Blurbage: His lecture, titled "What the... (more)

Google Express is now available here

Google expanded its Google Express delivery service to the Northeast this week, including New York State. What is it? It's sort of like Amazon Prime,... (more)

The milkman

Look who's over at Eater writing about the Capital Region's own Meadowbrook Farms and the persistence (and resurgence) of home milk delivery. [Eater]... (more)

Recent Comments

... Getting away from the neighborhood for the day is well and good if you don't want to attend the event, but you can't get away from non-residents' vomit, urine, dog feces, trash, and illegal park jobs in and around our homes. I saw several men urinating on one of my neighbors' carefully maintained floral displays. Cars were parked dangerously and illegally on the wrong sides of several streets, making it dangerous or impossible to drive home. There was garbage all over my front steps. The trash cans in the neighborhood were overflowing with stinking garbage after a day. These are quality of life issues that should not be dismissed, whatever the solution may be. ...

Where to buy firewood?

...has 22 comments, most recently from Tyler

A good hair stylist in the Albany area?

...has 28 comments, most recently from susan

Drawing: Albany Barn Fusion 2016

...has 10 comments, most recently from C

New set of renderings for the Schenectady casino

...has 7 comments, most recently from Franny Wentzel

Herb

...has 2 comments, most recently from James at 46 or so