Technically, they declined to re-review it, but practically speaking I figure it’ll amount to the same thing.
The Texas Supreme Court on Friday declined to review whether a $5-per-patron fee at live nude entertainment clubs is an occupation tax in disguise, letting stand a lower appeals court ruling that found alcohol-serving Texas strip clubs must pay up when it comes to the “pole tax.”
Last May, the Texas Third Court of Appeals ruled that the fee was not an unconstitutional occupation tax and must be paid by Texas strip clubs that serve alcohol.
[…]
It is not clear whether the clubs will continue their legal fight. A call seeking comment from a lawyer for the Texas Entertainment Association, which represents many of the roughly 200 strip clubs in the state, was not immediately returned.
See here and here for the background. The clubs have now lost twice in court. Hard for me to see what the value proposition is for them to give it a third try rather than just collecting and paying the fee at this point, but that’s up to them. I have a feeling there will be another chapter in this story eventually.