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The "penumbras and emanations" theory of jurisprudence appears to have taken hold in the heartland:

Nude dancing is still an art form in Iowa, at least at a strip club in the tiny town of Hamburg.
The Iowa Court of Appeals on Wednesday dismissed the state's request for a review of the issue. The request followed a judge's 2008 decision that Clarence Judy, then-owner of Shotgun Geniez, didn't violate the state's public indecent exposure law.
Judy was charged after a 17-year-old girl stripped onstage in the southwestern Iowa club in 2007.
Iowa law makes it a criminal offense to allow minors to perform a live act intended to arouse patrons. But Fremont County Judge Timothy O'Grady ruled that the strip club was protected because the law doesn't apply to theaters, art centers, or other venues devoted to the arts or theatrical performances.
O'Grady said prosecutors failed to prove the club wasn't a theater.

Shane Vander Hart at Caffeinate Thoughts was shocked that the judge would confuse a strip club with an "art center," but I felt obligated to remind him:

It happens all the time, Shane. Guys innocently set out to find the local art center, accidentally stumble into a strip club, and spend several hours stuffing dollars into the dancers' garters before realizing their mistake.

Perhaps this has even happened to Judge O'Grady a time or two.

View all comments (62) | Leave a comment

Big Java| 2.12.10 @ 8:08AM

So that's what happened to me that time in down- town Atlanta. Yeah, I was looking for the theatre
of performing arts ; I wondered why there was all this t&a..

bluecollarbytes| 2.12.10 @ 8:51AM

If it is just art, what's to prohibit 3-15 year old females and males from being displayed and paraded in front of 'art patrons' in dark theaters and cubicles anywhere anytime?

dollface| 2.12.10 @ 9:11AM

I'm surprised that Hamburg, IA has a strip club. I've driven through that town, blink and you miss it.

JohnD| 2.12.10 @ 9:15AM

I guess some patrons of the arts have to carry a lot of one dollar bills (although maybe these days they are fives; been a long time since I "patronized the arts.")

Le Cracquere| 2.12.10 @ 9:37AM

One more reason for me to wax cranky and malignant towards the young males of this generation. Where the hell were these 17-year-old girls back when I was 17?

Warrior| 2.12.10 @ 9:41AM

They were the ones pregnant with a teachers child. The other name we used give them were skanks.

Richard Baker| 2.12.10 @ 10:46AM

These Judges just HAVE to stop smoking those giant doobies ala Cheech and Chong. Wonder where these guys spend their lunches and off-time, hmmm?

Eric Cartman| 2.12.10 @ 10:50AM

So, is having sex with a minor performance art? If so, Chris Hanson has a lot to answer for - that homophobic art hater!

Pingback| 2.12.10 @ 10:55AM

One Judge Says Minors Can Strip Since It’s “Art” | Caffeinated Thoughts links to this page. Here’s an excerpt:

…around.  Linked at Memeorandum here and here.  Also getting a lot of traffic from Linkiest.com (never heard of that before).  I also appreciate NewsReal Blog, The Other McCain and The American Spectator linking here.  By the way, Stacy, this story is about owners being held accountable for who they put up on stage.  No patron, to my knowledge, was charged. Sphere: Related Content…

Pingback| 2.12.10 @ 11:38AM

The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … | All Topics Blog links to this page. Here’s an excerpt:

Iowa Court Discovers 'Art … | All Topics Blog All Topics Blog What was I thinking!? Home | Blog The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … no comment Posted by Michael K wrote an interesting post today on   Here’s a quick excerpt   If it is just art, what’s to prohibit 3-15 year old females and males from being displayed and paraded in front…

Pingback| 2.12.10 @ 2:38PM

The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art ... | Museum And Art links to this page. Here’s an excerpt:

…and males from being displayed and paraded in front of ‘art patrons’ in dark theaters and cubicles anywhere anytime? Reply to this … Continued here: The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … Connect and Share Published On 12 Feb, 2010 Published By No Comments Filed Under: Art Tagged: Art, asking-and-telling, donate, facebook, february-2010, getting-wasted,…

Pingback| 2.12.10 @ 4:41PM

Criminal houston lawyer: Wisconsin's Mandatory Alcohol Education | Educational Wiscon links to this page. Here’s an excerpt:

…Mandatory Alcohol Education Related Blogs on Criminal Offense The World Wide Web of | buzzsawmag.org Rhode Island DUI – DWI Law – Should I Refuse The Breathalyzer? The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … No related posts.             Leave a Reply Click here to cancel reply. Name (required) Mail (will not be published) (required) Website…

Pingback| 2.13.10 @ 3:45AM

The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … Mobile links to this page. Here’s an excerpt:

: AmSpecBlog : Iowa Court Discovers 'Art … Mobile About Mobile The Sponsors The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … Artworld Salon » Blog Archive » Art investor numerology Objet d'Afro: AdHouse announces an Afrodisiac art contest | Robot … MP3: Japandroids – “Art Czars” @…

Pingback| 2.18.10 @ 8:00PM

Bill O’Reilly Isn’t A Lawyer But He Plays One On TV! - Fox News Watchdog links to this page. Here’s an excerpt:

…stripping is an art form unquote.” As the text of the judge’s decision doesn’t seem to available, Bill’s “quote” seems to be in synch with the “reporting” coming out of right wing blogs such as “ The American Spectator,” which began its article (without quotes) with this comment: “Nude dancing is still an art form…” which makes for a cute lead in, but doesn’t really tell the whole story. Mainstream reporting (…

jack peekers| 2.21.10 @ 3:38PM

I would give anything to see Chris Hanson being scammed on a video shot in a hotel bar with a very hot 15 yr old gal sitting next to him and watch him pick her up.....

all you video nazi's need to set this one up, PLEASE!!

Pingback| 2.22.10 @ 11:26AM

Art » The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … links to this page. Here’s an excerpt:

…as males from being displayed as well as paraded in front of ‘ art patrons’ in dim theaters as well as cubicles anywhere anytime? Reply to this … More: The American Spectator : AmSpecBlog : Iowa Court Discovers 'Art … Leave a Reply Click here to cancel reply. Username (required) : Email (required) : Web Site : Comment : Recent Posts E725 MODERN ABSTRACT ART PAINTING CANVAS UNMOUNTED |…

Dawn| 3.5.10 @ 3:26PM

Where are the parents of these girls?!?! They should be in jail with the men that go to watch underage girls "perform art"!

todd sheen| 4.22.10 @ 6:48AM

aint that underage? i am against that definitely.

Todd

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yanto| 12.11.10 @ 9:39AM

What youre saying is completely true. I know that everybody must say the same thing, but I just think that you put it in a way that everyone can understand. I also love the images you put in here. They fit so well with what youre trying to say. Im sure youll reach so many people with what youve got to say.

menul smartphone| 3.27.11 @ 4:13AM

Thats so terrible, allowing 17 years old girl to striptease dance.

Alureon| 6.28.11 @ 2:56AM

For me its really against the law for a minor girl to allow striptease dance.And that is a sin.

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More Blog Posts by Robert Stacy McCain

http://spectator.org/blog/2010/02/12/iowa-court-discovers-art-looph
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