Bill seeks 18.5% porn tax

A Federal Way lawmaker's push to tax pornographic materials to help counter a $6 billion state budget shortfall would likely draw constitutional challenges from the highly litigious adult-entertainment industry.

By Jennifer Sullivan

OLYMPIA — A Federal Way lawmaker's push to tax pornographic materials to help counter a $6 billion state budget shortfall would likely draw constitutional challenges from the highly litigious adult-entertainment industry.

Democratic Rep. Mark Miloscia said an 18 ½ percent sales tax should be levied against Playboy and other adult magazines, as well as pornographic photographs, movies, videos, cable-television services, telephone services, audiotapes, computer programs and paraphernalia. With everyone in the Legislature struggling to find ways to solve the budget crisis, he said, he's surprised nobody else has made a similar proposal.

"For me, it is a no-brainer," Miloscia said, adding that he hopes the tax money generated would go toward saving the General Assistance-Unemployable (GAU), a program that provides a temporary safety net for people unable to work because of mental or physical disabilities.

Gov. Chris Gregoire has proposed axing the GAU to save money.

"People are concerned about jobs leaving the state, but if you look at this industry, this is the last industry people are worried about keeping in the state," Miloscia said.

Miloscia points to a proposal in California last year to levy a 25 percent tax on that state's several-billion-dollar sex industry. The measure died in committee.

Attorneys representing strip-club chain Déjà Vu and the Seattle strip-club Rick's call the measure, House Bill 2103, unconstitutional.

"It's not targeting speech but targeting a particular kind of speech," said Jack Burns, the attorney for Déjà Vu. "It's pretty disingenuous."

Burns said state government can wage heavy fees against alcohol and cigarettes because those vices aren't protected by the First Amendment.

Gil Levy, who has long represented Rick's and other adult clubs, said he will advise his clients to fight the tax proposal.

"You can't impose an arbitrary tax on a newspaper industry; you can't impose an arbitrary tax on the adult-entertainment industry," Levy said.

The adult-entertainment industry has a history of fighting government regulations in court.

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