The Ames City Council will discuss the city’s options concerning the lap dance ordinance at the Dec. 9 City Council meeting.

The city’s lap dance ordinance was enacted in September 1996 to prohibit touching between nude or nearly nude dancers and their customers. The city determined that the issue was a potential health risk at the time the ordinance was put in place.

The State of Iowa has stated that the local ordinance is overruled by state code 728.11 that says that “obscene material” is to be under the control of state law. This means that the city of Ames no longer holds the ability to enforce the ordinance to control live nude dancing.

On Nov. 13, 2013, two citations were issued by the city to two individuals for exposing a “regulated [and] prohibited private body part.” The defendants challenged the citations in district associate court. The court decided in favor of the city and upheld the lap dance ordinance.

The decision was appealed to the 2nd District Court of Iowa on Nov. 14, 2014. The ordinance was deemed void by the court, who said that that the Iowa Supreme Court defined “live nude dancing” to include touching.

The lap dance ordinance is therefore unenforceable by the city of Ames unless they decide to appeal the decision within 30 days.

The Council will vote on whether they would like to appeal the decision or seek a change in the Iowa Code to allow local governments to have control of live nude dancing.

Steve Schainker, city manager, is recommending that the city challenge the state code and persuade Iowa lawmakers to allow for city control of the issue.

On the consent agenda, the Council will vote on liquor licenses for The Cafe, Thumbs, Aunt Maude’s, Tip Top Lounge and Casey’s General Store at 428 Lincoln Way.