Judge O'Grady ruled in favor of a nude dancing club owner charged with violating Iowa's indecent exposure law. Judge O'Grady, a frequent patron of the club, said prosecutors failed to prove the club was not a theater.
In his ruling, Judge O'Grady stated, "Unlike that filthy theater which Pee Wee Herman frequented, and subsequently exposed himself in the most un-Pee Wee manner, this club allows free expression in the form of dance."
Iowa law allows nudity at theaters, museums and other venues devoted to the arts or theatrical performances. Many famous nude performers flock to Iowa to express their artistic visions, including so many none come to mind.
The county's attorney, Margaret Johnson, charged club owner Clarence Judy after a 17-year-old girl climbed on stage at Shotgun Geniez in the tiny town of Hamburg and stripped off her clothing.
"I think it's a little scary," said Johnson, who emphasized that the girl was still a minor. "She is way too young to understand art or theatrical performance. Her performance was flawed and not the least bit professional. Performers takes years to perfect their acts. She took five minutes."
The club was sold Monday to Terry Rutledge who expressed confidence that nude dancing would remain legal, referring to a 1998 case in Davenport that found it an art.
"In all actuality, you don't have to be a theater hall, concert hall or anything. You can be a strip club that has nude dance," Rutledge said. "Even a strip mall or a foyer of a commercial building or the street itself meets the definition, as I understand the law."
The state attorney general's office will decide whether to appeal the case after viewing in person the club's activities. In the meantime, the arts are alive and well in Iowa.
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