Appeals court docket rejects comptroller’s try and label bikini-latex golf equipment as ‘sexually oriented companies’
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Appeals court docket rejects comptroller’s try…
By Amanda Robert
January 10, 2020, three:22 pm CST
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Bikini-latex golf equipment in Texas have been handed a win Thursday, after a Houston court docket rejected an enchantment arguing that latex-clad entertainers are thought-about nude below the regulation.
Justice Peter Kelly, writing for a three-judge panel of Texas’ First District Court docket of Appeals, rejected Texas Comptroller Glenn Hegar’s try and classify the golf equipment as “sexually oriented companies” and gather a $5-per-patron tax from them.
The Austin American-Statesman has protection.
The Texas state legislature handed a regulation requiring assortment of the tax from companies that provide reside nude leisure and permit the consumption of alcohol on their premises, in response to the opinion. The “pole tax,” as it’s generally identified, took impact in 2014, as soon as authorized challenges have been resolved, the Houston Chronicle beforehand reported.
Hegar’s workplace issued a rule in 2017 that outlined “clothes” as “a garment used to cowl the physique, or part of the physique, usually consisting of fabric or a cloth-like materials.” The rule additionally mentioned “paint, latex, wax, gel, foam, movie, coatings and different substances utilized to the physique in a liquid or semi-liquid state should not clothes.”
Texas BLC, an affiliation that represents a number of bikini-latex golf equipment, sued to dam the rule, contending that its entertainers should not nude, since they put on bikini bottoms and canopy their breasts with a number of coats of liquid latex that hardens into an opaque shell, the Austin American-Statesman experiences.
Choose Karin Crump of the 250th Civil District Court docket in Austin agreed with the golf equipment in 2018, and Hegar appealed.
The First District Court docket of Appeals didn’t weigh in on whether or not latex must be thought-about clothes however as an alternative mentioned the enchantment was moot since a federal choose in San Antonio had held in February 2019 that the rule concerning latex was unconstitutional, in response to the Austin American-Statesman.
Kelly wrote within the opinion that even when the court docket was to conclude that the comptroller’s rule was in step with the statute, he couldn’t gather the tax from the “bikini-latex bars which might be members of Texas BLC as a result of the federal district court docket order prevents it from doing so.”