NEW YORK (AP) — An administrative law judge says the owners of a New York City strip club owe $2.1 million because they weren't collecting sales tax on lap dances.
The Jan. 30 ruling against Manhattan's Hustler Club echoed other recent court decisions which have held that strip club lap dances don't qualify for a state sales-tax exemption on "dramatic, choreographic or musical" performances.
Judge Donna Gardiner wrote in a Jan. 30 decision that while the Hustler Club's performers used choreography, the service they provided was "sexual fantasy, not dance."
The club's lawyer, Bradley Shafer, says the state's tax is unconstitutional because it is based on the content of the performances.
He says the club's legal challenge isn't over.