SIOUX FALLS, S.D. – A McCook County prosecutor plans to challenge a strip club that reopened with an adult movie theater to get around a nudity ban.

State’s Attorney Roger Gerlach said he requested a formal hearing for a judge to decide whether the adult movie theater featuring nude dancers is exempt from the nudity ban or if a theater constitutes a public place.

”It seems like a shame to me because 78 percent of voters said they did not want that entertainment in McCook County,” Gerlach said.

In June, McCook County voters passed an anti-nudity ordinance that shut down Bob Rieger’s juice bar and strip club outside of Salem.

But Rieger found a loophole and reopened the business in June as the Racehorses Gentlemen’s Club and Adult Movie Theater.

Movie theaters, theatrical venues, enclosed public restrooms or showers, locker or dressing rooms, hotels and motels, health facilities and modeling classes at public and private colleges are exempt.

Depending on the outcome of the July 15 hearing, Gerlach said he would probably talk with county commissioners about changing the ordinance to further define or remove the exception for a movie theater.

Rieger said that freedoms of expression and speech are a constitutional right.

”It’s gotten to the point of harassment,” he said. ”I can’t believe we are fighting over something the Supreme Court has ruled on.”