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NY court: Lap dances are not art and are taxable
Legal World News |
2012/10/25 13:44
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Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling.
The court split 4-3, with the dissenting judges saying there's no distinction in state law between highbrow dance and lowbrow dance, so the case raises significant constitutional problems.
The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes.
The court majority said taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for dramatic or musical arts performances that was adopted by the Legislature with the evident purpose of promoting cultural and artistic performances in local communities.
The majority reached similar conclusions about admission fees to watch dances done onstage around a pole, as well as for lap dances or private dances.
W. Anderson McCullough, attorney for the club, said he and his client were bitterly disappointed by the judges' ruling. |
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Minn. Supreme Court to hear suicides case appeal
State Law Issues |
2012/10/22 14:57
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The Minnesota Supreme Court has agreed to hear the appeal of a former
nurse convicted of searching out suicidal people in online chat rooms
and encouraging them to commit suicide.
William Melchert-Dinkel of Faribault was convicted in 2011 on two
counts of aiding suicide. The Minnesota Court of Appeals in July
rejected his argument that he was merely practicing free speech.
In an order Tuesday, the state Supreme Court agreed to review the
case. A date for oral arguments has not been set.
Melchert-Dinkel was convicted in the deaths of 32-year-old Mark
Drybrough, of Coventry, England, and 18-year-old Nadia Kajouji, of
Brampton, Ontario, in 2008.
Melchert-Dinkel faces about a year in jail unless his conviction is
overturned. He remains free pending appeal. |
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High court won't block early voting in Ohio
Law Firm Press Release |
2012/10/19 14:57
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The Supreme Court on Tuesday cleared the way for voters in the
battleground state of Ohio to cast ballots on the three days before
Election Day, giving Democrats and President Barack Obama's campaign a
victory three weeks before the election.
The court refused a request by the state's Republican elections chief
and attorney general to get involved in a battle over early voting.
Ohio is among 34 states, plus the District of Columbia, where people
can vote early without giving any reason. About 30 percent of the
swing state's total vote — or roughly 1.7 million ballots — came in
before Election Day in 2008. Crucial to Obama's win that year was
early voting in Ohio, North Carolina and Florida.
Obama won Ohio four years ago, but Republican rival Mitt Romney is
making a strong play for it this year. No GOP candidate has won the
White House without Ohio in his column.
Obama's campaign and Ohio Democrats had sued state officials over
changes in state law that took away the three days of voting for most
people but made exceptions for military personnel and Ohioans living
overseas.
Their lawsuit cited a recent study saying nearly 105,000 people voted
in the three days before the election in 2008, and they argued
everyone should have the chance to vote on those days. They also said
eliminating the opportunity for most Ohio residents to vote in person
on those days, while giving military or overseas voters the chance to
do so, leads to unequal treatment. |
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Court lets stand telecom immunity in wiretap case
Legal Information |
2012/10/12 13:06
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The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.
The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include ATamp;T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.
Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.
The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants. |
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