Recently the Iowa Court of Appeals was asked to review a Superior Court ruling regarding nude dancing. The case involved a Hamburg, Iowa adult entertainment venue AKA a “strip bar” who allowed a seventeen year old to strip.The Fremont County Superior Court ruled that the State prosecutor didn’t prove a required element of their case; whether or not the establishment wasn’t a theater. Iowa law prohibits allowing a minor to perform a live act which has a strong likely-hood of arousing patrons.

However Iowa law recognizances an exception to this law if the the venue in question is a theater, art center or other venue. The Iowa Court of Appeals declined the State’s request for review since double jeopardy would bar re-prosecution of the club’s owner.

What bothers me about this story aren’t the legal issues, but rather comments posted regarding the decision; which focus on morality. Instead of being upset that Hamburg Iowa has either an incompetent prsecutor, or worse, simply a lazy prosecutor, who after failing to prove a required element of their case. Is mad at the trial judges ruling and wants the Court of Appeals to undue a legally correct ruling that followed Iowa law on moral grounds.

© 2010, edward. All rights reserved.

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I’m an attorney licensed in the State of Georgia and have been actively practicing since 1997, exclusively in the area of criminal law. Currently I’m an Assistant District Attorney working in a small rural judicial circuit.

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