DES MOINES (AP) — The Iowa Supreme Court will review a lower court’s decision that nude dancing is an art in Iowa.

In August, a Fremont County judge ruled in favor of an all-nude dancing club owner, Clarence Judy, who has since sold the club in Hamburg. He was charged with violating the state’s public indecent exposure law after a teenage girl stripped on stage.

The judge found that prosecutors failed to prove the club wasn’t a theater — therefore it was protected under the law.

The attorney general’s office says the state takes issue with the lower court’s interpretation that a minor was allowed to dance nude because the club fell under a theater exception.

Judy can’t be tried again, but the Supreme Court could interpret the statute differently affecting future cases.