Civil Procedure and Constitutional Law

You are corporate counsel to the New York Entertainment Association, a private  organization representing the interests of the State's  topless clubs and adult entertainment industry. In response to the attached recent ruling of the Texas  Supreme Court, upholding that State's "pole tax" - a $5 per customer fee that the  owners of strip clubs are required to levy on their customers - the New York Legislature has proposed similar legislation for New York State. Please write a short memo (no more than three pages, double spaced)  to brief the CEO of the New York State Entertainment Association on the constitutional issues  and legal concerns relevant to New York    trip clubs if such a law were to be passed  in New York State. Specifically, please be sure to discuss the following points of law:

1. Briefly summarize what constitutional law issue was litigated in this case, in what court it was heard, what the decisions of the lower courts were,  and how the Texas Supreme Court ultimately ruled on the case AND WHY. Please indicate if this decision can be appealed  any further, and if so, in which court can the appeal be brought and the process for that.

2. Advise your CEO if (a) the Texas law is binding on strip clubs in New York State, and (b) whether or not the Texas Supreme Court's  decision is   binding on New York State courts and WHY.

3. Finally, advise your CEO what constitutional First Amendment issues,  if any, the Association may raise to protect its membership's    interests. If a similar law were passed in New York State, how could the membership  protect those rights? Please be specific what the  constitutional issue is, the constitutional standards that govern (define them and indicate what  level of constitutional scrutiny any court would be required to apply in  this case and why. How and when could the Association challenge the law in court? In what court or  courts could the challenge be litigated in  NYS . . .state or federal, which courts etc. . .?  This is legal analysis - please do not merely  provide your CEO with your  personal opinion, or restate what he can already read for himself/herself in the newspaper. S/he is paying you by the hour do identify the legal standards and  legal issues and apply them to the relevant facts.  You boss needs this memo by next week. Please bring a hard copy of your memo  to our next class, and post an electronic version of it on iLearn by no later than    6:30 pm on that day. Late submissions will not be accepted without prior   approval of the instructor.