When it comes to the rights of men and women in the United States, quite often the very limitations of those rights are fought in the strangest of places. When it comes to freedom of speech, some of those rights were decided by the Supreme Court when analyzing whether or not pornography should be authorized as a version of “speech and expressioin”. The right to protest was decided by a case involving someone who burned an American flag. Now, taxation is being argued in an equally unlikely place: A strip club called Nite Moves.
Nite Moves argues that its exotic dancers are conducting performance art, and therefore, are not subject to sales tax, because that is a right under its state tax laws if the act can be construed as “art”.
Now, if I didn’t know the “adult” entertainment business as well as I do (I’ve talked before about how I used to design web sites for that industry back when web pages were new), I’d say this is a great battle, and that it’s about time there was a movement to represent women who are often exploited (by both customers, and unfortunately, their employers), but in reality, I’m not convinced that the company involved is looking out for the interests of their dancers rather than their own bottom lines. Unfortunately, that business model has always been that way. This is one of those industries (and I’m not talking about Nite Moves, specifically, as I don’t know their personal business model) where quite often the female workers (who do all of the work that actually attracts customers) are treated as independent contractors for any reasons that benefit the management and as employees when it benefits the management. Let me explain an example: When it comes to taxation, the business holds the girls as independent contractors so they’re not paying taxes on their intake (and other such little schemes), but when it comes to paying them a required minimum wage, they’re independent contractors who are not obligated to pay, legalized employee rights, health care and sick pay. Yet, they’ll be required to come to work on specific days, work specific hours and do specific employee-like things. One of the biggest gimmicks these types of companies do is charge the girls a performance charge (or skim from their profits somehow), so they can’t work unless they pay rent on the stage or something like that.
Sadly enough, this is the kind of atmosphere where this Constitutional fight will take place. Now, if Nite Moves is nothing like I just said, that’s great. Unfortunately, these rights will be fought for the many disreputable companies out there that are that way, and that’s unfortunate, but that’s how many of our rights first make it into the legal process.
Personally, I think lap dancing is one of the greatest forms of both art because it involves not only dancing but acting. The dancing makes sense (regardless of whether or not it’s actually great dancing or just gyrating on a guy’s crotch until the time is up), but the acting is a little overlooked by the industry at large. I would imagine that a young woman has to be one of the greatest actresses around to act like she’s really enjoying giving a lap dance to some loser that equates his interactions with women by how many dollar bills he carried into the strip joint (honestly, I have no idea what the going rate these days is for this, so if it helps the post by replacing “dollar bills” with “twenty dollar bills” I’m fine with that, too.