News Release
February 8,
2012
Contact: Steve
Davis, Court Communications Officer, (515)725-8058
Iowa
Supreme Court to Hear Oral Arguments in Council Bluffs
Des
Moines, February 8, 2012—
On March 7, the Iowa Supreme
Court will hear oral arguments in Council Bluffs. The proceeding will take
place in the Arts Center at Iowa Western Community College, 2700 College Road.
The session will begin at 7 p.m.
The court
will hear lawyers argue in two cases:
Mall
Real Estate v. City
of Hamburg
Plaintiff,
Mall Real Estate, asked the Iowa District Court for Fremont County to declare
that the City of Hamburg's "sexually-oriented business" ordinance either did
not apply to plaintiff's business or that it was an unconstitutional regulation
and could not be enforced against plaintiff's business. The district court
found the ordinance did apply to plaintiff's business and that it was a
constitutional regulation. Plaintiff appeals the district court
determination.
The lawyers
for Mall Real Estate are: Brian B. Vakulskas and
Daniel P. Vakulskas, Sioux City, and W. Andrew
McCullough, Utah. The lawyer for the City of Hamburg is Raymond R. Aranza, Cedar Rapids.
American
Civil Liberties Union v. Atlantic School District
Petitioner,
the American Civil Liberties Union (ACLU), seeks additional information
regarding discipline imposed on two school district employees after a "locker
room strip search" of five female students. The Atlantic School District
claims Iowa law does not require public disclosure of such job performance
documents. The ACLU argues the Iowa Court of Appeals incorrectly
interpreted a recent legislative amendment that should have permitted
disclosure of the disciplinary action.
The lawyer
for the American Civil Liberties Union is: Randall C. Wilson, Des Moines. The
lawyers for the Atlantic Community School District are: Brett S. Nitzschke, and Emily K. Ellingson,
Cedar Rapids.
"The
Court looks forward to visiting Council Bluffs and appreciates the hospitality
of Iowa Western Community College," Chief Justice Mark Cady said. "We
received tremendous response from the three communities we traveled to last
year. There was a great community turnout in each city and the people saw a
court in action and how we work to resolve very complex issues. This is an
opportunity for Iowans to see firsthand how legal matters that involve
important issues can arise in the lives of Iowans and how the justice system
and the rule of law operate to settle disputes and ensure the rights of all
Iowans are fairly and impartially protected."
Note to
Editors: News media
are invited to attend the oral arguments. Court rules regarding expanded media
coverage apply.
# # #
2012
Iowa
Supreme Court
1111
East Court Avenue
Des
Moines, IA 50319
515-281-3952
