Nude dancing hangs on stripping viewed as art form

Iowa does not have any all-nude strip

clubs but it does have performing arts centers where women dance naked and

patrons get sketch pads.(Photo: China Daily/Agencies)
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BEIJING, July 29 -- Iowa does not have any all-nude

strip clubs but it does have performing arts centers where women dance naked and

patrons get sketch pads.

However, the loophole in the state's public indecent

exposure law that allows 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 threaten the legal standing of nude dancing clubs across the

state.

District Judge Timothy O'Grady heard arguments in a

one-day trial on July 17 and took the case under advisement.

It all began on July 21, 2007, when a 17-year-old

niece of Sheriff Steven MacDonald 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 theatrical performances.

"Dance has been considered one of the arts, as is

sculpture, painting and anything else like that. What Clarence has is a club

where people can come and perform," said his lawyer, Michael Murphy.

Murphy noted that the club has a gallery selling

collectible posters and other art, and it provides patrons with sketch pads.

Nonsense, said Fremont County Attorney Margaret

Johnson, an underage girl danced naked at the club, and that is 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," Johnson said.

Johnson said the intent of the law is to allow movies

in a theater where there'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 business. 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 sheriff'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 Comfort Free Threatre for the Performing Arts in Davenport was

charged under the public indecent exposure law for allowing nude dancing. A

judge found owner not guilty.

(Source: China Daily/Agencies)