Sunday, January 4, 2015

Hypocrisy in the U.S.A.

As I sit here pondering the NYS Department of Taxation and their supposed stance on what constitutes a choreographed performance deserving a tax exemption, as I so often do, I started to think about "The Interview". I admit, I have not seen the movie yet. I likely will wait till it's on cable rather than spend the money to see it in the theater. But I can't help but draw some parallels to the ongoing legal battles between Nite Moves, Hustler Club, and other similar establishments, and NY State. The State of NY has claimed that the performances viewed at these establishments, while they may be choreographed, are not subject to the same protections as any other choreographed performance viewed by a live audience in the State of NY. Why? The purpose of the performance is "sexual fantasy". The State has made it clear that in NY, the government decides what speech is important and what speech is not worthy of equal protection. The Interview, was never intended to be an "important" movie. It was a typical Seth Rogan, James Franco collaboration to let the audience have a few laughs and escape reality for 90 minutes. The subject matter has been covered in prior moves, Team America World Police comes to mind. The acting will certainly not win any awards from the Academy of Motion Pictures nor the Screen Actors Guild. However, the very thought that North Korea would prevent the public from having the choice to see this movie shown in our country on equal footing as any other film nearly took our country to war with North Korea. There is reason to believe we shut down the internet on an entire country to retaliate. Suddenly, the film that would have slipped through the cracks in the same manner as their prior films was thrust into the heart of the American way of life. The freedom for citizens to decide to watch, read, listen to, anything we please without the interference from a government body. For the State of NY to claim that a patron of a "fine arts" dance performance are entitled to a tax break but the patron of "low brow" exotic dance are not entitled to the exact same protection because the auditor at the Department of Taxation and the head of the Tax Department personally do not like the content of the performance is every bit as Un-American as Kim Jong Un telling movie patrons they should see any movie but The Interview. Why is it that for over a decade the public has turned their backs on this glaring unconstitutional issue? Why do the citizens of NY, as well as many of its judges, believe it is acceptable to practice selective enforcement of the tax code? It is protected to listen to hate speech. It is protected to denounce the government. it is protected to mock a foreign country. It is not protected to watch attractive women dance with the sole purpose of making the audience feel good and forget their problems for an hour. Over the next several years this battle will continue its way through the State's legal system. One has to wonder at what point the justices will uphold their sworn duties to protect the citizens from the tastes of the government?