The city of Ames is waiting on a ruling by a Story County district judge about the sanitary conditions of a gyro stand on Welch Avenue.

John Klaus, Ames city attorney, and Rich Autry of the Iowa attorney general’s office asked whether the Iowa Department of Inspections and Appeals code of bathrooms applied to the Smiles, Inc. gyro stand in front of Jimmy John’s, 135 Welch Ave.

District Judge William Pattinson adjourned the hearing Thursday morning awaiting his ruling.

Because the Smiles, Inc. stand has no restroom facilities, it has had difficulty renewing its license. The city of Ames asked the court for a declaratory ruling against the Department of Inspections and Appeals.

“This case has to do with how the food service [system] works in the state,” Klaus said.

Iowa Code states restaurant owners are required to have bathroom facilities for their customers and employees. The code does not say mobile or pushcarts do not have to meet those requirements.

A letter sent to Matthew Goodman, 3303 West St. and owner of Smiles, Inc., by Judy Harrison, bureau chief for the Department of Inspections and Appeals, stated, “Although there is one reference to restroom facilities in these rules, this department has historically interpreted this rule as referring to mass gatherings.”

Unsure of what “mass gatherings” meant or if the bathroom rule applies, the city asked the court for a ruling.

“Mass gatherings,” Klaus said. “Is that Veishea? Is that a football weekend?”

Last year, the gyro stand made a deal with Kum & Go, 203 Welch Ave., to use its bathroom facilities at all times after Ahmed Merchant, 2130 McCarthy Road and owner of Jimmy John’s, filed a substantiated complaint asking for the stand’s license to be revoked.

Merchant said during testimony in 2002 that employees and customers of the gyro stand use Jimmy John’s restrooms without permission and leave wrappings and food debris in the street to be found the next day.

Goodman said that each night, he picks up trash and debris found in a four-block area. He said a hand washer for the stand is built into the cart.

After an agreement with Kum & Go to use its restroom was reached, the case was put to rest.

“The city is in a dilemma now because it is not sure what it’s supposed to do,” Klaus said during courtroom remarks. “The city is asking for a ruling or formal clarification of what ‘mass gatherings’ means.”

The Iowa Department of Inspections and Appeals rejected the request since the city didn’t reveal its position on the case.

“The real question in this case is if the rules can be any clearer,” Autry said.

“When asking for a declaratory order, the city must have a position on the case.”

Goodman said the ruling could have an impact on the stand but is uncertain of what it may be.

“If they came back and said you would [have to require restrooms], then — I don’t know,” he said.

He said cart or mobile restaurant rules and regulations vary from state to state, but are the same throughout the state of Iowa.

“Either change your rule or tell us what the rule means,” Klaus said.

“The people of Ames want to know what the rule is.”

Merchant could not be reached for comment.