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FOR IMMEDIATE RELEASE

FEBRUARY 3, 1998

Judge Robin Giarrusso Denies City Request for New Trial and Stay of Amusement Tax Ruling

(NEW ORLEANS) February 3, 1998--Judge Robin Giarrusso today denied a motion by the City of New Orleans that a new trial be held in the case of the Cat's Meow versus the City of New Orleans Amusement Tax. Judge Giarrusso upheld her previous ruling that the tax ordinance in its entirety was unconstitutional. In today's ruling she also stated that the Court "declines to stay the enforcement of an unconstitutional tax."

The City is planning an appeal to a higher court. However, tonight, during a council-at-large debate televised on WWL TV, Councilmember Peggy Wilson, a longtime opponent of the tax, pledged to have the City Council vote on whether the administration should appeal the process. It is unknown at this time how other council members would vote on such a proposition.

Judge Giarrusso ruled the tax was unconstitutional only a week ago, and the City's request for a new trail was expected. Attorneys for the Cat's Meow, Mitch Landrieu and Justin Zitler, are anticipating an appeal, perhaps to the state Supreme Court.

The Louisiana Music Commission has long held that the tax is an economic disincentive to the development of live music in New Orleans.

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Louisiana Music Commission
3330 N. Causeway Blvd. Suite 438
Metairie LA 70002
Phone: 504-838-5600 Fax: 504-838-5280

Email: lmc@louisianamusic.org

©1997, 1998 Louisiana Music Commission
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