(gg)

By MELANIE S. WELTE, Associated Press DES MOINES, Iowa -

Iowa doesn't have any all-nude strip clubs E28094 but it does have performing arts centers where women dance naked. 20 However, the loophole in the state's public indecent exposure law that allo ws nude dancing at "art centers" is under attack in the small community of Hamburg, a town of 1,200 just across the Missouri River from Nebraska. The case pending before a Fremont County judge effects only one business in Hamburg, but if he agrees with the prosecutor, it could eventually threate n the legal standing of nude dancing clubs across the state. District Judge Timothy O'Grady heard arguments in a one-day trial on July 1 7 and took the case under advisement. It all began on July 21, 2007, when a 17-year-old niece of Sheriff Steven M acDonald climbed up on stage at Shotgun Geniez in Hamburg and stripped off her clothing. Owner Clarence Judy was charged with violating Iowa's public indecent exposure law. Judy responded that the law doesn't apply to a "theater, concert hall, art center, museum, or similar establishments" devoted to the arts or theatrica l performances. "Dance has been considered one of the arts, as is sculpture, painting and a nything else like that. What Clarence has is a club where people can come a nd perform," said his lawyer, Michael Murphy. Murphy noted that the club has a gallery selling collectible posters and ot her art, and it provides patrons with sketch pads. Nonsense, said Fremont County Attorney Margaret Johnson, an underage girl d anced naked at the club, and that's illegal. "Are you saying that minors can't be protected? Can a group of 12-year-olds come down and go in and dance nude and it's OK? I don't think that's what the Legislature had in mind when it made those additional provisions," John son said. Johnson said the intent of the law is to allow movies in a theater where th ere's brief nudity or for an art gallery displaying paintings of nudes. Murphy said Judy bans anyone under 18 from entering the five-year-old busin ess. The problem, he said, was "a group of girls snuck in a 17-year-old." "While she was there, she felt like dancing so she got up and danced on the stage and then she took her clothes off. Trouble with that is she's the sh eriff's niece," he said. Johnson denied that the teen's relation to the sheriff was connected to the charges filed against Judy. Her parents were absolutely appalled with the situation," Johnson said. The sheriff declined to comment. There was no comment from his niece, whose name wasn't given. As part of his defense during trial, Murphy cited a 1998 ruling that found nude dancing is a form of art. In that case, the owner of the Southern Comf ort Free Threatre for the Performing Arts in Davenport was charged under th e public indecent exposure law for allowing nude dancing. A judge found own er not guilty. The current case deals only with Judy and Shotgun Geniez, but there could b e an appeal if either side loses. Johnson said that would take it to the Iowa Court of Appeals and perhaps th e Iowa Supreme Court. That would make it a statewide case that could affect dozens of other clubs in the state.

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Dancing is certainly an art form. Costumes can be part of the art. That says to me that a lack of costumes can also be part of the art.

That just might have something to do with the prosecution.

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Eudaimonia

Ah yes, Southern Comfort in Mount Joy, Iowa. I've heard it's a pretty nice place.


The bachelor party that I threw for my best friend there was pure art.

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It takes a gutless mouse to play only when the cat's away.

No love, no friendship, can cross the path of our destiny without leaving some mark on it forever. ~~ Francois Mocuriac

Confucius say, "He who masturbate into cash register come into money."

An optimist looks at the glass and says it's half full. A pessimist looks at the glass and says it's half empty. A Cubs fan looks at the glass and says, "When's it gonna spill?"

Deus Impetitio Esuritori Nullus

Mount Joy, Iowa...

Sounds like an invitation extended to you, IM

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Plug me into somethin'

If the theory does not conform to the facts, then the facts must be discarded.

No good deed ever goes unpunished

Never argue with an idiot. He'll drag you down to his level, & beat you with experience.

Nope, pretty sure it wasn't. One of my buddies mistook it as an invite that night and was escorted out of the place.

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It takes a gutless mouse to play only when the cat's away.

No love, no friendship, can cross the path of our destiny without leaving some mark on it forever. ~~ Francois Mocuriac

Confucius say, "He who masturbate into cash register come into money."

An optimist looks at the glass and says it's half full. A pessimist looks at the glass and says it's half empty. A Cubs fan looks at the glass and says, "When's it gonna spill?"

Deus Impetitio Esuritori Nullus

Personally, I consider male masturbation art... so heck... guess naked dancing would be too!

You could always put "the art of male masturbation" on the requests board, Jenna. Dont' know if it would get banned under the current rules, though, the law is pretty sexist in that regard.

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On the kinkometer, my kink measures as a sine wave.

Sounds like a little trouble-maker to me.

Did the girls who conspired to gain entry for an underage person get charged under the laws for endangering a minor?

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Calm, quiet, smooth, devastating

Been following this story since it broke a few days ago. I also think the relationship of the underage girl to the Sheriff had a lot to do with it.

Prosecutors looking for press, or higher office sometimes get aggressive and stupid. A number of years ago, at the Yuma Prison Run, a bike rally, there were the usual signs "show us your tits", lining the route. Well, a few underage girls obliged. The prosecutor tried to nail the sign holders with various crimes such as contributing to the delinquency of a minor, and several other bogus sex related crimes.

The judge threw out all of the charges, and severely chastised the prosecutor. Sometimes justice prevails.

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