Partial Nekkidness and the New 'Nudity' Tax

It seems that the new rule that charges a fee to sexually oriented businesses that allows drinking and has nudity, has a "gray area" that could leave other venues liable for the surcharge as well. In Richard Whittaker's article, Partial Nekkidness and the New 'Nudity' Tax, from January 11, 2008 he suggests that the new guidlines are too broad to reduce concerns on how they could be applied. As written the guidlines say that "any venue that allows drinking and has performers with clothing not sufficiently opaque around the breasts, buttocks, or genitals" could potentially be liable for the fee, which is a $5.00-per-customer surcharge. This could be burlesques or theatres that have plays with any kind of nudity. The fee was only supposed to target the 168 strip clubs in Texas, but if that's the case the state comptroller, who published the enforcement, needs to be more specific. The rule does apply, however, only if there is nudity and alcohol present, which is a pretty big loophole if you ask me.

The fee seems rather ridiculous to begin with, but the vagueness of it makes how it could be used even more ridiculous. In a previous article by Whittaker on the same subject, Does Harry Potter Cause Sexual Violence? Only in Texas., he shows that defenders of the surcharge are now claiming that there is a connection between sexually oriented buisnesses and sexual violence against women, which is why it was aimed at the strip clubs in Texas. The funds would benefit the state's sexual-abuse programs, which I think everyone can agree that's a good idea and makes the fee a bit more viable. However, I still think they need to be a lot more specific with who this will affect. Like Whittaker points out according to this logic the nudity in the play Equus, starring Daniel Radcliffe, would fall under the guidelines for the fee and would therefore technically be contributing to sexual violence. Maybe a revision of the way the guidlines are worded would be helpful in making this surcharge more reasonable.