Lawsuit says State Patrol was discriminatory

Chris Maiers

The owners of a local towing company are suing the state of Iowa and members of the Iowa State Patrol, claiming law enforcement officers violated their civil liberties.

The federal lawsuit — filed Dec. 2 by Daniel, Mustiphie and William Habhab and Habhab’s Towing, Auto and Truck Repair, 529 East Lincoln Way — states members of the Iowa State Patrol attempted to drive away the company’s business by calling them “terrorists” and “drug dealers” because they are of Arab descent.

“My clients believe strongly that they’ve been wronged,” said Habhab attorney Mark Thomas.

Thomas said problems would occur when the Habhabs were hooking up a vehicle to one of their tow trucks. He said a trooper would ask the motorist if he or she really wanted the Habhabs to tow the vehicle. In many cases, Thomas said, the motorist would then decline service from the Habhabs.

Jeff Peterzalek, Iowa assistant attorney general, said he believes the lawsuit is unwarranted and cannot think of a similar case in recent history.

“I don’t believe the claims to have merit, and I believe them to be legally deficient in some areas,” Peterzalek said.

According to the lawsuit, misconduct by the State Patrol began around March 2002 and continued through the time of the lawsuit.

The Habhabs would not comment because of the pending litigation.

According to the lawsuit, the State Patrol also threatened criminal charges against the Habhabs if they did not leave a towing site, even if Habhab Towing may have been called by the stranded motorist.

The lawsuit also states the State Patrol refused to contact the Habhabs to tow a car because of their ethnicity and contacted another local company instead.

The Habhabs are U.S. citizens and have lived in the Ames area for several years.

According to a Jan. 5 article in The (Ames) Tribune, some local towing companies link this case and the termination of Trooper Robert Parks for demanding bribes from local towing companies in order for them to be called to the scene of a stranded vehicle.

Parks was fired in September of 2002.

According to the same article, documents stated he “directed all or substantially all of the towing jobs he encountered while on duty as a state trooper to towing companies which he favored for improper personal and-or economic reasons.”

Peterzalek said a motion to dismiss will be filed with the hope of not going to trial.

“It would be my hope that all the claims are dismissed before a trial,” Peterzalek said.