LAS VEGAS — It is virtually unheard of for any
legal industry to ask to be taxed. And it would seem even more
unlikely for any government, especially one facing down a nearly
$2 billion budget gap, to hesitate when a business is willing
to pay up.
Yet such is the case for Nevada’s brothels, a $50-million-a-year
industry that pays significant amounts of tax to the rural counties
in which they operate but only a $100 business license fee to
the state.
The industry’s lobbyist, George Flint, director of the Nevada
Brothel Association, has been approaching the Legislature’s
leadership for months about creating an entertainment tax that
would require the state’s 25 legal brothels to give the state
some money on a per-transaction basis.
“I am a voice crying in the wilderness,” said Mr. Flint, who
does not own any brothels himself. “It’s not going to make a
hell of a lot of money, but we would be happy to pay our fair
share. We can’t even get a hearing. The speaker of the House
told me, ‘As bad as it is, I don’t think we want to go there.’
”
Nevada is one of only two states where prostitution is legal,
but by state law it also is restricted to counties with fewer
than 400,000 residents. That outlaws it in two counties, Clark,
which contains Las Vegas, and Washoe, which contains Reno. There
are about 225 women licensed by the state as prostitutes; no
county allows brothels to have men who sell sexual services.
Still, since 1971, when prostitution was legalized, Nevada
has added more than two million residents and become significantly
more socially conse rvative. The state has also lost much of
its frontier mentality, so Mr. Flint acknowledges that the tax
effort is “something of an insurance policy” against the Legislature’s
deciding one day to do away with the industry.
“Anytime you’re going to take tax money, the state’s not going
to view you as a relic of a past time and put you out of business,”
explained Mr. Flint, who said he was gaining traction for a
brothel tax in 2003 until he made the faux pas of joking to
a reporter that he would commit to putting the governor’s portrait
in every prostitute’s lair along with a note reading, “Don’t
forget the governor’s share.”
Like most states, Nevada is facing economic problems. Gov.
Jim Gibbons, a Republican, submitted to the Legislature this
month a budget that included 6 percent pay cuts for teachers
and a 36 percent reduction in all higher-education financing
to help close an expected $1.8 billion revenue gap created in
part by dwindling tourism profits and a collapsing housing market.
Mr. Gibbons’s budget — which proposes the deep cuts to avoid
any tax increases, in keeping with his 2006 no-tax-increases
campaign pledge — was rejected out of hand by leaders of the
State Senate and the House, both of which are dominated by Democrats.
In Speaker Barbara Buckley’s response to the proposal and to
Mr. Gibbons’s State of the State add ress on Jan. 15, she vowed
to “gather all the facts, tap the best minds in the state, hear
all points of view and commit ourselves to finding meaningful
solutions.”
Still, Ms. Buckley said she did not support taxing brothels
because she believed that to do so the state would have to legalize
prostitution in the largest counties, “and I just don’t support
the idea.” Asked why she supports prostitution in some areas
of the state and not others, Ms. Buckley declined to answer
except to say that legalization came “way before the time I
was elected.”
Mr. Flint does have at least one legislative ally, Senator
Bob Coffin, a Las Vegas Democrat and the incoming chairman of
the Senate Taxation Committee. Mr. Coffin said he was willing
to hold a hearing on the matter in the coming legislative session,
which starts next month.
Mr. Coffin disputed the speaker’s assertion that a brothel
tax would require statewide legalization and called it a “legal
backdoor” to avoid the matter.
“There is a way to make it work, just as we make all these
other legal contortions work based on population,” he said.
“You can do it if the legal counsel says we can do it. And we
should, because the brothels have been essentially exempted
from the sharing of the burden that we all have to spread around
on as many people as possible so the impact is less.”
Not all brothel owners support Mr. Flint’s efforts. Dennis
Hof, owner of the Moonlite Bunny Ranch in Mound House, said
his brothel was the “highest private taxpayer in Lyon County”
and questioned why anyone would “consider another layer of tax
on me. It’s unbearable in this economy.”
Mr. Hof, whose brothel is the subject of the long-running
HBO reality show “Cathouse,” said he paid $78,000 a year for
his county business license and $25,000 a year to the local
health department officials. “The legislators are saying they’ve
got bigger issues to deal with,” said Mr. Hof, who has long
disassociated himself from Mr. Flint and the brothel association.
“The state needs $1 billion. The money they would get from
a brothel tax is a small amount of money. So why bring it up?
If the Legislature thinks they need to get some more money from
us, we’ll deal with it on our own.”
And even brothel owners who support the idea of being taxed
by the state are not as worried as Mr. Flint is that the Legislature
might ban the business. James Davis, owner of the Shady Lady
Ranch in Scotty’s Junction, said legislators from the smaller
counties would never allow the state to eliminate one of their
few reliable sources of local tax revenue.
Ms. Buckley said she suspected that Mr. Flint’s motive was
to first have the industry taxed by20the state and then build
a case for legalizing it in the larger counties. And Mr. Flint
acknowledged that he hoped he could show the Legislature how
much money the state is losing by not regulating and taxing
the booming illegal prostitution industry in Las Vegas. (The
closest legal brothels to the Strip are more than 60 miles away
in Nye County.)
Mr. Flint has another outspoken ally, Mayor Oscar B. Goodman
of Las Vegas, long an advocate of having legal brothels in the
city. The mayor said that Nevada’s reputation is such that most
travelers already believe that prostitution is legal throughout
the state.
“They tell me we’re missing tens of million of dollars that
could be used for the school system, to keep jail guards employed,
to provide mental health services,” Mr. Goodman said.
“I also believe that by regulating and controlling this business,
we could make it much safer for the customers as well as the
prostitutes. We kid ourselves and we’re very disingenuous if
we pretend that there isn’t rampant prostitution now that is
unsafe for which we get no tax revenue.”