Studio III

2536 Lincoln Way,
Ames, IA 50014

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This 66-seated triple-X theatre opened its doors on May 9, 1970. The Studio III, the name of the theatre, though had an extremely long story on the many lawsuits this theatre faced during its first 2 out of 7½ years of operation.

On December 1, 1970, the Ames City Council apparently cast itself in the rile of defendant in a lawsuit over a theatre license. The council had rejected the theatre license application from Richard L. Davis Jr. of Des Moines, who is the future owner of the Studio III by a 6-0 vote. Davis had sought the theatre license and a building permit to remodel the building into an adult theatre at 2536 Lincoln Way in Ames. His theatre license application was made into last from October 10 of that year, but he was told that the license could not be granted until the building had passed fire and constriction inspections. His application for a permit for a $6,000 in building a theatre was first granted, then revoked pending council consideration of the application for a lease. Davis' family had been in the motion picture business since 1950, and had “self-imposed standards of decency in the films selected for showing”. As he thought on the description for “triple-X” he replied was an advertising term, and “has been used by one of the Des Moines area television stations, from either WOI-TV, KRNT-TV (now KCCI), or WHO-TV”. He replied that it has “no just rating as X”. He told the council that he would go so far as to purchase 2536 Lincoln Way and has ordered a total of 66 seats, which is their capacity, with their projection being 16mm film. All major studios, yes indeed, produced film prints from 16mm film. He added that :their main outlet is the airlines". Audiences from the Davis chain of theatres in other cities tend to be well-dressed and well-mannered, and attendance is about 35% by woman. Setting age limits from 17 to 18 makes it “much easier” and must have draft cards. As of 1970, the state of Iowa has a difference of laws. He went on to say that movies are being made today which range from G, GP, M or X (ranging he recommended from very dull to hardcore), they believe that they can’t complain on what films they have to play. It is the choice. Davis apparently asked the council to reconsider its vote, pointing out “it’s an expensive process to go into court for both sides”. While rebuffing, he left the meeting and in the hall outside the council chambers, he told the Ames Daily Tribune that filing a lawsuit in Webster County District Court in Fort Dodge had once appealed of the denial of a theatre license by the council earlier that November and has “probably will fine in Story County”.

On May 18, 1971, the city of Ames had later joined several other cities including Des Moines who had lost their bids to triple-Xs. Davis' attorneys dropped their district court petition, however, when Ames city attorney James Bishop was granted court permissions to show a double feature of alleged X-films, he stated that it “has acted as a censor of movies, since none of these movies have as yet been shown in Ames”. Judge William Hanson, U. S. District of Fort Dodge, has ruled that the city of Ames revocation of a building permit and refusal to issue a theatre license to a Des Moines operator being unconstitutional. He said that “the issue was not in the court to decide whether a particular film was obscene but whether the city followed legal and valid censorship procedures (in regard to films) in denying the license and building permits”. He said that he has not viewed such material, which he said was not material to the present controversy. Hanson while agreeing that procedural safeguards of a federal case precedent, Freedman V. Maryland, is not applicable where an exhibitor of films admits the obscenity of films that records do not indicate Davis ever admitted the movies intended for Ames were obscene. He added the law does not permit showing obscene films, but can be enforced through its law enforcement personnel by seizing any material thought to be obscene and charged the exhibitor thereof with a violation of the appropriate obscenity statute. It does contain within the purview of the First Amendment of the Constitution. The ruling enjoins Ames from denying both the building permit and theatre licenses on the basis that the films intended to be shown are obscene. The court further taxes were costly to the respective parties. He would’ve later tried to apply for a theatre license but the application was denied. While the state district court trial was in progress, Davis withdrew his petition and took the matter to federal court.

There was a major mistake to a campaign that was termed “racist” due to the culture on the films they’ve shown in June 1972. Davis was later warned.

Later that October, a petition was filed by the Studio III was asked that a city council decision made a possible deal on lifting the licenses of 3 triple-X theatres in the Des Moines metro to be declared unconstitutional. This also replied for a court order preventing the city from trying to close the theatre. The city council took the final vote of 4-3 on October 24, 1972 to deny amusement licenses to Studio III in Ames, the Mini-X in Des Moines, and the Eastown Theater (later known as Theater 1536 since October 21, 1976). But the Eastown had closed its doors for a while at that time, but the 2 others were still under risk on continuing their operation. The petition replied that “the council action was unjustified because it was made without advance notice or public hearing”.

It was closed on September 8, 1977. A bank now operates from a building at this address.

Contributed by 50sSNIPES
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