Underage strip performance deemed ‘artistic’
Jeff Johnson – OneNewsNow – 8/6/2008 4:00:00 AM
An Iowa county judge has ruled that a nude dance by an underage girl at a strip club is an artistic expression protected by the First Amendment.
Strip clubs are illegal in the state of Iowa. But numerous such establishments operate under a loophole that allows nudity in theaters, museums, and other venues featuring works of art, dance, and theatrical performances.
Fremont County Judge Timothy O’Grady recently stated that law enforcement officials did not meet the burden of proof that the “Shotgun Geniez” strip club was not qualified for the exemption. Pat Trueman, special counsel to theĀ Alliance Defense Fund and former chief federal obscenity prosecutor for the Justice Department, says the Supreme Court has unfortunately ruled strip clubs are legal in some circumstances.
“It’s on the fringes of the First Amendment. But there is some protection,” said Trueman. “However…this case…doesn’t seem to fit the bill because this was a minor child — and a minor child in a nude performance is not protected…”
Prosecutors only filed charges after learning that a 17-year-old girl, who had entered the club illegally, was allowed to strip for patrons. But the club’s owners claimed the “artistic nudity” loophole protected them and that they were not responsible for the actions of the child. The local judge agreed, but Trueman does not.
“That’s really stretching it. It was a bar. It was a minor child that got up, spontaneously, to do a nude dance. That is not protected,” he argues. “This is a tragic situation because a minor was involved.”
The Iowa attorney general’s office will decide whether to appeal the case. And County Prosecutor Margaret Johnson told The Associated Press that she considers Judge O’Grady’s ruling “a little scary” considering that a child was involved.
http://www.onenewsnow.com/Legal/Default.aspx?id=204996