Pole Tax
 Discriminatory taxes on adult entertainment in USA
  Menu Censorship News Latest Melon Farmers
  Home Daily UK Ratings from the BBFC Links


14th December
2008
  

Update: Enjoyment Deficit...

Melon farming Fresh
A website
update service

See further details
Melon Farming Fresh

 

Another attempt at a porn tax for California

California state seal With the state facing a dire budget crisis, a California politician plans to introduce new legislation that would tax consumers of adult entertainment.

Democrat  State Assemblymember Alberto Torrico said he plans to push for new legislation that would place a tax on the goods and products associated with the adult entertainment industry.

Torrico's spokesman Jeff Barbosa said the amount of the tax had not been determined, but the legislation could be introduced within a few weeks.

The timing of Torrico's proposal comes on the heels of a similar bill's defeat in August. A 25% excise tax on adult products and productions proposed by Assemblyman Charles Calderon gained no traction in the assembly and died in committee.

 

17th February
2009
  

Update: Taxing Sending Messages...

CD Universe - Buy Music CDs, TV on DVD, DVDs, Video Games for XBox, PlayStation 2 and Much More

New York Governor proposes 4% download tax

New York State seal In light of a $15 billion state budget deficit, New York Governor, David Paterson, has proposed an additional 4% tax on all digitally delivered entertainment services, including online adult content.

Following the proposition, the iPod tax was immediately met with criticism from not only the adult entertainment industry, which has largely dismissed the tax as a publicity stunt, but also from the conservatives, who fear that such a tax would legitimize the downloading and viewing of adult content.

You're sending a message to children, and you're sending a message to teenagers: If you're taxing it, how can it be wrong? said state Conservative Party Chairman Michael Long.

Paterson's proposed tax is the most recent of a seemingly popular trend in that it follows similar propositions in California and more recently, Washington.

Update: Unconstitutional

18th February 2009. See article from avnmag.avn.com

At least one constitutional scholar questions the legality of such a tax.

If the tax were limited to [MP3, porn and other entertainment downloads], there would be some substantial problems, said attorney Reed Lee, an expert in constitutional law: If it's an attempt to tax all Internet traffic, whether that be downloading the latest NASA pictures from Mars for scientific purposes or what, as well as entertainment downloads, then that has a much better chance of passing constitutional muster. In general, a tax designed to impose a burden on specific expression will face the most serious constitutional obstacles in court.

Lee cited two late-'80s cases involving the Minneapolis Star Tribune newspaper and the Arkansas Writers Project. In the Minneapolis case, the government tried to place a sales tax on newsprint - and failed.

A government can impose a sales tax on newspapers and magazines, so long as it also imposes a sales tax on everything else, Lee explained. But a sales tax on only newspapers and magazines might pose a serious constitutional problem. And one imposed only on Playboy and Penthouse would face virtually insurmountable problems.

Update: Wisconsin

20th February 2009. See article from theregister.co.uk

Wisconsin has followed in the footsteps of New York State by passing a stimulus bill that includes a measure for adding sales tax to digital downloads starting October 1. The bill also includes budget cuts as well as a variety of tax increases to patch Wisconsin's $600m shortfall under its current budget set to expire June 30.

But the bill is getting a lot of media play for its digital tax provisions, fingered as (the arguably misleading moniker of) an "iPod tax." The name obviously downplays the true reach of the tax, which levies a 4 per cent charge on "digitally delivered entertainment services" including music, movies, e-books, greeting cards, ringtones, and many other downloadable items. It's expected to generate $11m for the state over two years.

Update: Wisconsin downloads new tax

21st February 2009. See article from business.avn.com

Wisconsin state legislature has now approved a 5% tax on Internet downloads to take effect in October.

Backed by Governor Jim Doyle, the tax will apply to music, movies, downloads, games, ringtones, e-books, greeting cards and other items, according to the Associated Press. This would presumably include adult content.

Update: Stimulus ends need for Download tax

12th March 2009. See article from gamepolitics.com

Gamers who live in the state of New York are already experiencing a benefit from President Obama's recently-passed stimulus package.

CNN reports that New York has scrapped a plan to tax digital downloads such as iTunes music and video games.

Instead, Gov. David Paterson and New York legislators will utilize $1.3 billion in stimulus money to help balance the state budget.

 

20th February
2009
  

Update: 4% adult, 96% Nutter...

  Video Universe - Buy New Release DVDs, TV on DVD, Music Videos and Much More

US Mainstream DVDs

Video Universe
 

Washington adult tax canned as unconstitutional

Washington state seal Representative Mark Miloscia gave it his best shot, but his proposal to tax adult entertainment products and services to fund unemployment and welfare benefits is dead - mainly because it's too complicated.

According to the Seattle Post-Intelligencer, Rep. Ross Hunter , chair of the state House Finance Committee, had originally said he'd give a hearing to House Bill 2103,  but thought better of it after remembering that the state had previously signed onto the 2002 Streamline Sales and Use Tax Agreement, whose fundamental purpose is to simplify and modernize sales and use tax administration in the member states in order to substantially reduce the burden of tax compliance.

Miloscia's porn tax bill, it seems, in attempting to put a tax on goods based on their content, wouldn't fly under the simplification agreement - and besides, a tax based on content is just unconstitutional.

 

3rd March
2009
  

Update: Nutter Tax...

Californian proposal for a sales tax on harmful goods

California state seal State Assemblyman Alberto Torrico has introduced a bill that would place a tax on adult entertainment products sold in California.

The tax percentage was not written into the bill introduced Friday; however, Torrico spokesman Jeff Barbosa told XBIZ that the bill is still in the beginning process” and that legislative analysts will provide a tax amount shortly.

The timing of Torrico's proposal comes on the heels of dwindling state coffers, as well as the assemblyman's push to provide a domestic abuser surveillance fund to track abusers and stalkers.

The bill's language, as it stands, only includes a proposed tax on the sale of harmful matter goods at the retail level.

 

16th March
2009
  

Update: Funding Legislation Abuse...

New York State bill to tax strip club customers $10 entry charge

New York State seal Brooklyn Assemblyman Felix Ortiz introduced a bill that would require gentlemen's club patrons to pay the state $10 every time they visit.

Ortiz said the fee could raise as much as $500 million, which would be earmarked for victims of human trafficking, domestic violence, sexual abuse and child prostitution.

We have to protect people who have been victimized by unscrupulous individuals, and we cannot continue, especially in this economy, to have government pay for everything, Ortiz said.

Ottiz' bill has yet to find a sponsor in the state senate.

 

 Updated: State Extortion Racket...

Alabama asks porn users to pay off the state's budget deficit


Link Here 24th September 2015  full story: Pole Tax...Discriminatory taxes on adult entertainment in USA
Alabama state seal Pornographic material and adult entertainment might be getting a lot more expensive in the state of Alabama.

The Alabama House Ways and Means Committee passed the proposed porn tax in a 10-4 vote for an extortionately high rate of tax to offset a massive budget shortfall .

In addition to any other applicable taxes, a 40% state excise tax will be levied on gross receipts from the sale, rental or admission charges of pornographic material. The tax will apply to any and all forms of pornographic or sexually explicit content purchased in the state of Alabama, including, but not limited to, pornographic magazines, adult videos, and online adult rentals.

The porn tax bill now heads to the Alabama House for a floor vote.

Update: Taxed Off

24th September 2015. See  article from watchdog.org

US Constitution document Thanks to the state Senate, Alabama was able to avoid an anticipated First Amendment lawsuit over its budget proposal, which included an extortionate tax on pornography.

In order to make up a $200 million shortfall , Alabama wanted to raise taxes with sin taxes. On Sept. 15, the porn tax failed to pass the Senate, during a budget vote in which the chamber approved two budget reform measures while also raising taxes by roughly $86 million annually .

As proposed, the tax on porn was clearly unconstitutional. The First Amendment protects artistic expression, even if pornographic. Alabama, by taxing the specific category of pornographic material, is directly engaging in content-based discrimination, something the Supreme Court does not allow. Indeed, in the 1972 case Police Department v. Mosely , the Court noted that above all else, the First Amendment means that the government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. Thus, regulations that treat a category of content differently than other categories will be held unconstitutional unless it passes the exacting legal test of strict scrutiny.

Strict scrutiny requires a compelling governmental interest that is narrowly tailored to be the least restrictive means of accomplishing that interest. Absent those factors, a law will be deemed unconstitutional.