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The Iowa Supreme Court is expected to rule in the spring or early summer on an appeal regarding Hamburg’s ordinance regulating sexually-oriented businesses.
Mall Real Estate has appealed an April 29, 2010 District Court ruling which found that the ordinance is valid and constitutional and does not violate free speech and expression.
Mall Real Estate leases building space for the Hamburg Theatre for the Performing Arts, also known as Shotgun Geniez. The establishment is defined as an “adult cabaret” in the ordinance.
The ordinance requires owners of sexually-oriented businesses to obtain a license and the dancers to be licensed as well. It also allows the businesses to be located only in certain locations (Shotgun Geniez is grandfathered in and cannot be required to move). Physical contact between patrons and performers is also restricted.
While court proceedings pertaining to the appeal are continuing, Hamburg Mayor Cathy Crain said the City has elected not to enforce the ordinance.
“I think at this stage, it’s the smartest move we could make,” Crain said.
The Iowa Supreme Court is expected to rule in the spring or early summer on an appeal regarding Hamburg’s ordinance regulating sexually-oriented businesses.
Mall Real Estate has appealed an April 29, 2010 District Court ruling which found that the ordinance is valid and constitutional and does not violate free speech and expression.
Mall Real Estate leases building space for the Hamburg Theatre for the Performing Arts, also known as Shotgun Geniez. The establishment is defined as an “adult cabaret” in the ordinance.
The ordinance requires owners of sexually-oriented businesses to obtain a license and the dancers to be licensed as well. It also allows the businesses to be located only in certain locations (Shotgun Geniez is grandfathered in and cannot be required to move). Physical contact between patrons and performers is also restricted.
While court proceedings pertaining to the appeal are continuing, Hamburg Mayor Cathy Crain said the City has elected not to enforce the ordinance.
“I think at this stage, it’s the smartest move we could make,” Crain said.
