IA SUPCO strikes down nude dancing law in Hamburg

News

July 27th, 2012 by Ric Hanson

DES MOINES, Iowa (AP) — The Iowa Supreme Court has told the city of Hamburg that it cannot enforce an ordinance that prohibits a local business from allowing semi-nude lap dances because state law pre-empts the ordinance. The city in 2008 passed a local ordinance that requires semi-nude dancers to remain more than six feet away from customers. The owners of a property that leases space to a place known as “Shotgun Geniez” sued the city. They claim the ordinance eliminates lap dances — one of the major reasons patrons go to the club. The court finds Iowa law pre-empts local obscenity ordinances and that nude dancing falls within the state’s obscene materials statute, which prohibits cities from regulating obscenity. As a result, Hamburg’s ordinance cannot be enforced.

Read the complete Iowa Supreme Court decision and the opinions expressed by the justices, on this link:

http://www.iowacourtsonline.org/Supreme_Court/Recent_Opinions/20120727/10-0898.pdf