Friday, September 14, 2012

To Tax Or Not To Tax Lap Dancing

You know how so many say that dance is a high art form? It surely is. But what about lap dances? Hmmmmm As a male I dare not give an opinion, since we males think anything on a woman that jiggles and is sexy is at least a borderline art movement. Anyway, why I bring this subject up has to do with a legal issue that concerns defining lap dances. Is it equal to other dance forms or not? And if it is, should governments give tax exemptions to bars that offer lap dances?

No one would confuse a strip club with the Bolshoi Ballet, but according to a lawyer in New York state, what the lap dancers do there is art and therefore, the strip clubs are entitled to the same tax exemption other performances enjoy. The lawyer, W. Andrew McCullough, who is an attorney for an Albany, New York strip joint, told the New York State of Court of Appeals on Wednesday that admission fees and lap dances at the club should be freed of state sales taxes under an exemption that applies to "dramatic or musical arts performances." Well....I surely would rather have a lap dance done to me than a ballet performance.

Further, the lawyer suing for the strip club to get lap dance tax breaks says that the the state of New York is not qualified to make distinctions between lap dancing (no tax breaks at present) and other dance forms (they all get the tax breaks). His claim is that to deny lap dancing is art would be a violation of the constitutional right to freedom of expression. But then, the lasts time I looked it took a lot more training and skill to do the other dance forms that to lap dance.

The lawyer for the state that wants the judge to deny tax breaks for lappers says that nobody would visit the strip club if the dancers didn't remove their clothes. He also argued that the exemption applies to "choreographed" performances, and what the strippers do when lap dancing doesn't qualify as art. Hmmmm Maybe they should just tax the ballet and the other untaxed dancing performances. I'm sure all the lawyers and the judge wouldn't mind a nice lap dance to celebrate that compromise.

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