In April 2010, Washington State’s Legislature changed the definition of its software royalty tax and effectively granted amnesty to Microsoft, helping the company lock up $1.51 billion in savings from its thirteen-year Nevada tax dodge - and more than $100 million annually each year into the future.

It works like this: If the state believes that you give your patrons the opportunity to dance, then you pay the tax even when people don’t dance. That’s according to Mike Gowrylow, with the Department of Revenue. Gowrylow: “You could have somebody go into a nightclub, or a bar, or tavern, and they pay cover charges. Unless you followed every person around, you wouldn’t know if they actually danced or not, so the only simple way we could have of defining this is if you give them the opportunity to dance, then the tax applies.”

Gowrylow says auditors search the Internet to find out whether people dance at specific clubs. One clubowner reports an auditor told him: “You have the opportunity to dance, and we verified it by 8 or 10 different references on Yelp.”

“My auditor… came in with an obituary of a girl who committed suicide,” says another club owner. “When I argued that we aren’t primarily a dance club—we have ‘No Dancing’ signs up everywhere—she flashed this obit that said the girl liked to dance at [our club]. The auditor said, ‘I know this is ridiculous, but I have to do this.’”

“We were doing the Charleston,” Stern said. That’s when two police officers approached and pulled a “Footloose.”
“They said, ‘What are you doing?’ and we said, ‘We’re dancing,’ ” she recalled. “And they said, ‘You can’t do that on the platform.’ ”

And so, as their training manuals surely instructed them to do, the officers demanded to see their IDs. Because they were dancing. Where someone was playing the drums. In the most cosmopolitan and culturally-rich city in America. In any case, when Hess could only produce a credit card (which had his name and photo on it), this happened:

"The officers ordered the couple to go with them — even though the credit card had the dentist’s picture and signature. When Hess began trying to film the encounter, things got ugly, Stern said.“We brought out the camera, and that’s when they called backup,” she said. “That’s when eight ninja cops came from out of nowhere.”

The ninja cops then alledgedly tackled Hess to the floor, cuffed both of them, and detained the pair for twenty-three hours. The initial charge was apparently impeding the flow of traffic of what is reported to have been three other people on the platform. The police then added other charges, such as resisting arrest.

All charges were subsequently dropped when the paperwork was finally reviewed by the NYPD's Not Crazy Department. The couple are now suing in Manhattan courts, but maybe it's time a national memo went out to law enforcement agencies reminding them that dancing people with cameras don't necessarily need to be tackled?