Strip club ruled a "theater"

By Tammy Pearson
news | press

Fourth Judicial District Judge Timothy O’Grady has ruled that Clarence Judy, owner of Shotgun Geniez in Hamburg, is not guilty of any of the charges brought against him in connection with the July 21, 2007 nude dancing of a 17-year-old in the club.

Judy was found not guilty of charges of Public Indecent Exposure in Certain Establishments, or Allowing or Permitting Public Indecent Exposure in Certain Establishments under specific Iowa codes.

The judge ruled that the state had “failed to prove beyond a reasonable doubt that Shotgun Geniez is not a theater.”

In his ruling, the judge stated that “Given the First Amendment implications of a statute that may limit expression, it is not the role of the Court to judge the taste or quality of the art represented at Shotgun Geniez when determining whether or not it is a theater.”

The judge ruled that Shotgun Geniez does meet the definition of a theatre and that dancing is a form of art. The judge said that the business does have a “raised stage with specialized lighting” and “chairs and tables arranged for patrons to observe the stage presentations,” as well as “a separate dressing area” for “performers.”

“Shotgun Geniez is a facility for presentation of stage performances, and meets the definition of theatre,” he said.

Judge O’Grady further noted that “Dance and nudity are forms of art and expression that are entitled to some measure of First Amendment protection.”

See the upcoming issues of the News-Press and Hamburg Reporter for more information.

The court's decision was filed today, Aug. 1.