from www.wsj.com – The Texas Supreme Court has upheld the constitutionality of a $5 “sin tax” that is levied on Texas patrons of strip clubs.

The state legislature passed the law in 2007, which imposing a $5-per-visit fee on patrons, in the interest of deterring behaviors purported linked to viewing nude dancing, particularly while consuming alcohol, including sexual assault, rape and disorderly conduct.

An Amarillo strip club and an exotic-dancing industry trade association challenged the law, claiming that it violates their free speech rights by infringing on a protected mode of expression: nude/exotic dancing. Two lower courts concluded that the law did violate the First Amendment. (Here’s an earlier LB post on the case.)

But in a unanimous ruling, the Supreme Court concluded that the $5 fee legitimately furthers the state’s interest in reducing the sort of “societal ills” identified by lawmakers.

The court further rejected the free-speech argument. “The fee in this case is clearly directed not at expression in nude dancing but at the secondary effects of nude dancing when alcohol is being consumed,” Justice Nathan Hecht wrote. “An adult entertainment business can avoid the fee altogether simply by not allowing alcohol to be consumed.”

“We’re disappointed in the results,” said Stewart Whitehead, an attorney for the Texas Entertainment Association, which challenged the law.

“We are now trying to assess our options, including whether to take the case to U.S. Supreme Court.”