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 Genie 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. Hamburg is located in southwestern Iowa.