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

Another year of record-high CDTA bus ridership

CDTA announced this week that it had more than 17.1 million passenger boardings during the fiscal year that ended in March -- a record high... (more)

Birding in Washington Park

The Capital Region is a very wild place -- and not just on Lark Street around 2 am. Many colorful and fascinating birds call this... (more)

A big bucket of water for a big fire

Farther afield: Check out this video of a helicopter dropping water on the large wild fire in the Sam's Point Preserve in Ulster County earlier... (more)

GameFest 2016 at RPI

The annual GameFest returns to RPI this weekend with a bunch of demos and talks about video games and their futures, along with an electronic... (more)

Morning Blend

AG's office sues Troy DA Eric Schneiderman's office is suing to take over the recent Troy case of a fatal police-involved shooting of a DWI... (more)

Recent Comments

The Governor Nelson D. Rockefeller tulip would look like an abstract expressionist splatter painting and it would grow from marble.

Another year of record-high CDTA bus ridership

...has 2 comments, most recently from Greg

Birding in Washington Park

...has 2 comments, most recently from Ellen

The best way to get from Albany to NYC?

...has 37 comments, most recently from JayK

Ice cream slider at Kurver Kreme

...has 8 comments, most recently from Beck

Garnet Douglass Baltimore, who was "as much of Troy as the monument"

...has 4 comments, most recently from Toff Philippo