The state of Texas is hoping to entice some more dollar bills out of strip club patrons, even though two courts have already said the state’s so called “pole tax” is unconstitutional.

The Lone Star State is now taking the fight to the state’s Supreme Court, according to The Wall Street Journal, arguing that the $5-per visit fee does not violate the right to free speech. Texas argues that the tax will help deter rapes and other undesirable behavior by alcohol-imbibing customers at the Bada-Bing-like establishments, while the bar owners argue that the tax violates the dancers’ First Amendment right to freedom of expression.

Perhaps the whole matter could just be settled by putting a tip jar labeled Texas Department of Revenue on top of the bar at all the clubs, and let customers decide where their money should go.