Iowa Supreme Court Continues Road Tour

By: Administrator on February 8th, 2012

By Ryan Koopmans

The Iowa Supreme Court announced today that it will hear oral argument on March 7 at Iowa Western College in Council Bluffs.  The Court will hear two cases: Mall Real Estate v. City of Hamburg and American Civil Liberties Union v. Atlantic School District.  (Our earlier coverage of the Atlantic School District case is here.)

The Supreme Court’s press release follows the jump.

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.

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On Brief is devoted to appellate litigation, with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the United States Court of Appeals for the Eighth Circuit.
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