HomeMy WebLinkAboutA002 - Legal Opinion dated January 20, 1994 p- -9tf
AMES
CITY OF AMES
P.O. BOX 811 AMES IOWA 50010
Community-University-Opportunity
January 20, 1994 LL_ _C7
'oThe Honorable Larry R. Curtis, Mayor
And Members of the Cit Councily fS,RK
Of The City of Ames, Iowa Iowa
Re: Nude People in Public Places
Dear Mayor Curtis and Council Members:
In response to a phone call from a citizen upset about nude entertainers,
the Mayor asked that I report on the pertinent law.
It is against Iowa law to be nude in a public place if done:
a) for the purpose of sexual arousal (§709.9(1) Iowa Code) or,
b) with knowledge it is offensive to a viewer (§709.9(2) Iowa Code)
or,
c) on premises under a liquor license (§728.5 Iowa Code) .
The U.S. Supreme Court decision in Barnes v Glen Theatre Inc. 111 S.Ct.
2456, 115 L.Ed.2d 504 (1991) ruled that nude dancing is expressive conduct
within the outer perimeters of the First Amendment, but only marginally so.
Applying a balancing test, the Court held that totally nude dancing can be
prohibited by a ban on all forms of public nudity.
However, in a case which cites and purports to follow the "Barnes" deci-
sion, a U.S. District Court enjoined a municipality from enforcing its
ordinance with respect to a nude dancer when the municipality could not
produce, at trial , any evidence of a public interest that would outweigh
the dancer's First Amendment rights. Nadeau v. Town of Clinton, 827 F.Supp
435 (1992) .
Let me know if there is perceived to be a need for a local ordinance pro-
hibiting nudity in public places in addition to the above mentioned state
laws.
Yours truly,
John R. K al us
City Attorney
cc Chief of Police