Iowa Code

Iowa Code § 728.11 (2026)

Uniform application

✓ current as of July 2026

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In order to provide for the uniform application of the provisions of this chapter relating to obscene material applicable to minors within this state, it is intended that the sole and only regulation of obscene material shall be under the provisions of this chapter, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the availability of obscene materials. All such laws, ordinances or regulations shall be or become void, unenforceable and of no effect on January 1, 1978. Nothing in this section shall restrict the zoning authority of cities and counties. [C75, 77, §725.9; C79, 81, §728.11]

Notes of Decisions

Cited in 3 cases, 2012–2018 · leading case: Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012).

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Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012). · cites it 108× “See Iowa Code § 728.11 (2009) (“In order to provide for the uniform application of the provisions of this chapter relating to obscene material applicable to minors within this state, it is intended that the sole and only regulation of obscene material shall be under the…”

C. Line, Inc. v. City of Davenport, 957 F. Supp. 2d 1012 (S.D. Iowa 2013). · cites it 7× “Line acknowledges, 21 the Iowa Supreme Court held on July 27, 2012, that all municipal ordinances regulating live nude dancing are null and void because they are expressly preempted by Iowa Code § 728.11 . 22 See Mall Real Estate L.”

Bellino Fireworks, Inc. v. City of Ankeny, 332 F. Supp. 3d 1071 (S.D. Iowa 2018). · cites it 2× “11 (2009) (prohibiting local regulation "relating to the availability of obscene materials" and providing a uniformity provision stating the statute was intended to be "the sole and only regulation of obscene material"). The legislature did not expressly preempt Ankeny's zoning…”

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