Despite Iowa’s absence of any all-nude strip clubs, there are some nude dancing clubs in town. The loophole in the state’s law has a nude dancing club owner avoiding any possible indecent exposure convictions.

On Friday, Fremont County Judge Timothy O’Grady ruled that prosecutors did not provide enough evidence against the claim that Clarence Judy’s club was not a theater. Since Iowa law permits nudity at theaters, museums, concert halls or any other establishments that display art or theatrics, the case was tossed.

Judy was charged after the 17-year-old niece of Sheriff Steven MacDonald danced on stage after having stripped off her clothes. CNN.com reported that Judy, the owner of the Shotgun Geniez in Hamburg, said that visitors are required to be 18 or older and that Judy “snuck in” among a group of friends. Since Judge O’Grady deemed that the Shotgun Geniez provided an atmosphere for the arts, all charges on Judy have been dropped.
CNN.com also reported that Michael Murphy, Judy’s lawyer, said that dancing was considered an art form comparable to sculptures and paintings. Murphy also noted that his client’s club had an art gallery that sold art to the public.

The County’s attorney Margaret Johnson voiced her displeasure about the ruling by stating that the girl was still a minor regardless of nude dancing being an art. The state attorney general can still file for an appeal in order to get the case to the Iowa Supreme Court.