AUSTIN, Texas (AP) - Lawyers for the state and Texas strip clubs clashed again today as a court considers whether to uphold the so-called "pole tax."
A judge last March ruled the $5 fee on admission to strip clubs -- is an unconstitutional tax on free speech.
The fee passed by the 2007 Legislature was projected to raise about $44 million for sexual assault prevention programs and health care for the uninsured.
The state continued to collect the fee, $11.2 million so far, and set that money aside during the court fight.
The case today went before the Texas 3rd Court of Appeals.
Texas Solicitor General James Ho says the government should be allowed to collect the fee in part because it can already regulate nude dancing, as well as sales of alcohol.
But Texas Entertainment Association attorney Craig Enoch, says the fee is a tax on speech and notes it's only charged at bars and clubs that have nude dancing.
