Florida Supreme Court Will Decide Wiccan Standing In Tax Case

The Daily Business Review reports that on Nov. 17, the Florida Supreme Court (by a 4-3 vote) agreed to hear an appeal from the District Court of Appeal's decision in Wiccan Religious Cooperative of Florida v. Zingale. At issue is the standing of a Wiccan group to challenge a Florida law that exempts religious publications from the state's sales and use taxes. During litigation, the state conceded that the Wiccan group is religious. The appeals court, by a 2-1 vote, then held that the group lacked standing to challenge a tax exemption from which it benefits. The dissent argued in part that the Wiccan group was a purchaser of books, not a publisher, and thus had standing to sue over the taxes it paid on non-religious books it had purchased. [Thanks to James Maule via Religionlaw listserv for the infomation.]