Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal Corporation
2012 Iowa Sup. LEXIS 84
| Iowa | 2012Background
- Hamburg enacted Sexually Oriented Business Ordinance chapter 48 (2008) regulating licensing, zoning, alcohol, signage, hours, and nudity for sexually oriented businesses.
- Mall Real Estate owns the Hamburg Theatre property and sought a declaratory judgment and injunction to prevent enforcement against the Hamburg Theatre.
- Hamburg Theatre presents nude, seminude, and clothed performances; patrons may interact with performers; no liquor license; customers may bring alcohol.
- Mall Real Estate argued the ordinance conflicts with state obscenity law (chapter 728) and is preempted by Iowa Code sections 728.5 and 728.11.
- District court held the ordinance applied to the Hamburg Theatre and was constitutional; the district court stayed enforcement pending appeal.
- The Iowa Supreme Court reversed, holding state law preempts the ordinance as it regulates nude dancing, and remanded with instructions to enjoin enforcement against Mall Real Estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state law preempts the Hamburg ordinance | Mall Real Estate: 728.11 preempts local regulation of obscene material; live nude dancing falls under obscenity | Hamburg: 728.11 allows zoning/licensing; sections 728.5 and 728.11 apply but do not preempt zoning | Yes; state law preempts the ordinance and bars regulation of nude dancing by the city |
Key Cases Cited
- Chelsea Theater Corp. v. City of Burlington, 258 N.W.2d 372 (Iowa 1977) ( Chelsea Theater held section 728.11 preempts local obscenity regulation)
- Hensler v. City of Davenport, 790 N.W.2d 569 (Iowa 2010) (preemption analysis and home rule principles in Iowa)
- City of Davenport v. Seymour, 755 N.W.2d 538 (Iowa 2008) (home rule and preemption framework in Iowa)
- In re Det. of Garren, 620 N.W.2d 275 (Iowa 2000) (context for statutory interpretation and preemption)
- Dingman v. City of Council Bluffs, 249 Iowa 1121 (Iowa 1958) (canons of construction favoring plain meaning and avoiding absurd results)