The Court of Appeals has refused to rehear the argument that all dance in New York should be treated equally.
While the topic has been divisive, the underlying issues should be universally agreed upon. The court ruled 4-3 last year that the state tax department has the authority to determine what artistic merit a musical or theatrical performance has. If, in its sole opinion, the performance does not meet some unspecified standard, then the tax to view the performance will stand. If the tax auditor finds it has enough "cultural value," then the performance will be exempt from the sales tax.
The specific performance in question was the exotic dancing at my establishment, Nite Moves in Latham.
If you were to remove the specifics from this case and insert generalities, would people still hold on to their beliefs?
If we were to replace "exotic dance" with "rap music" or "horror movies" and the Department of Taxation and Finance were to again rule they served no purpose in enhancing the arts and, therefore deemed the performances to be taxable, would we hear more public outcry?
It is easy for people to turn a blind eye to injustice when they do not like the victim it is being perpetrated against. But it is the responsibility of every American to prevent the rights of others from being trampled upon.
It was disappointing to see the dissenting judges unwilling to revisit the case. Now the last opportunity I have is the hope to be heard by the Supreme Court, a long shot at best.
The appeals court judges had the opportunity to rectify a situation they dissented against, yet they did not. Not many people will find this to be a negative thing — until the the state discriminates against them directly.
STEPHEN M. DICK JR.
Owner, Nite Moves
Latham