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.") Have 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 -- is 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 petition 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 artist 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

Funding for new Thacher Park visitor center

State parks in the Capital Region are getting $8.675 million for a handful of construction/repair projects, the Cuomo admin announced today. The biggest chunk --... (more)

The 46ers

Check out this trailer/preview for The 46ers*, a documentary about people who hike the Adirondack's High Peaks. The cinematography is beautiful. Film blurbage: "The... (more)

Bright

A recent article in Intelligent Life -- a(nother) magazine from The Economist -- about the role of light in human biology highlights (ha) some interesting... (more)

Planning a Capital Region wedding: eloping

Lauren and George are planning a wedding in the Capital Region, and they're chronicling the planning process here on AOA. But this time, Lauren's talking... (more)

The Dude, he does

Fun: Local designer Andrew Gregory -- AKA lunchboxbrain -- has a shirt in the new Threadless collection inspired by The Big Lebowski. Andrew's shirt is... (more)

Recent Comments

Wow, a Merry Go Round! I read about those in the Babysitters' Club books, but I didn't know they actually existed. I kinda thought Ann M. Martin made them up...

The extraordinarily 80s Crossgates promo film

...has 17 comments, most recently from rob

Drawing: A Taste of Albany 2014

...has 64 comments, most recently from Stef

Conor Oberst at Brewery Ommegang

...has 2 comments, most recently from KGB

The Dude, he does

...has 1 comment, most recently from Greg Matusic

Photos from AOA6

...has 11 comments, most recently from Jeff Williamson