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Nebraska City News-Press - Nebraska City, NE
  • Iowa Supreme Court strikes down Hamburg ordinance

  • The long-awaited Iowa Supreme Court ruling on Mall Real Estate, L.L.C. vs. the City of Hamburg was filed today.


     


    In a nutshell, the court ruled that the city’s ordinance designed to regulate sexually-oriented businesses can not be enforced because state laws offer such businesses certain protections.


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  • The long-awaited Iowa Supreme Court ruling on Mall Real Estate, L.L.C. vs. the City of Hamburg was filed today.
     
    In a nutshell, the court ruled that the city’s ordinance designed to regulate sexually-oriented businesses can not be enforced because state laws offer such businesses certain protections.
     
    City officials had argued that the ordinance was designed to protect the community from the “secondary effects” of such businesses. Shotgun Geniez is the only such business in the community.
     
    Mall Real Estate, owned by Clarence Judy and Terry Rutledge, lease the space to Shotgun Geniez.
    Once again, a court has ruled in favor of Mall Real Estate because state law section 728.5 exempts theaters from the statewide ban of public nudity.
     
    In an earlier case, the law was cited when a court ruled that Shotgun Geniez was not criminally libel when a minor took off clothes and danced.
     
    The Hamburg Reporter will include a follow up story.
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