ISU and Partnership Press settle lawsuit
June 15, 1998
Student publications will be allowed to be distributed more widely than non-university publications at Iowa State, according to a settlement filed yesterday by the university and Partnership Press.
Partnership Press, which publishes The Tribune, sued the university in 1996, claiming its distribution policies restricting non-university publications violated the First Amendment.
The settlement is subject to approval by U.S. District Court Judge Harold Vietor in Des Moines, according to a press release.
Under the settlement reached this week, Partnership Press will be allowed to distribute The Tribune in 39 campus locations. Most of the new locations will be in lounge and vending areas, said Paul Tanaka, the university’s chief legal adviser.
“The idea of the settlement is to put distribution [locations] at vending and lounge areas because those are areas where people are taking a break, perhaps, and maybe they’d want to have access to informational material,” Tanaka said.
Warren Madden, vice president of business and finance, said that because of this settlement, the distribution matter will not go to trial.
“We obviously have eliminated the need to go to litigation, which will save a lot of effort for a lot of people,” he said. “We hope this will permit the Daily to serve and focus on the university.”
Although non-university publications will gain additional spots on campus, Jeff Stein, lawyer for the Iowa State Daily, said student publications will continue to have a broader distribution base.
“The settlement is very good news for the Daily because it preserves our distribution on campus so that we can reach our audience,” Stein said.
“It virtually does not change how we reach the students who subscribe to the news through student fees, and that helps enhance the educational mission of the newspaper,” he said.
Tanaka also said student publications should and will hold a special place at the university.
“We believe we’ve established that we do have that right to have student publications distributed on a broader base than other publications,” Tanaka said. “We think that makes logical sense for an educational institution.”
The settlement clarified several distribution issues, but did not include a monetary settlement, Tanaka said.
“It’s important that there is no payment of money damages here,” he said.
Although the university will not be paying money in the form of a lawsuit, ISU will pay a portion of attorney fees and costs incurred by Partnership Press.
Michael Gartner, editor and co-owner of The Tribune, said the reimbursement would range from $68,000 to $109,000, to be determined by U.S. Magistrate Judge Ross Walters.
Gartner said he viewed the lawsuit and its settlement as an “outrage.”
“It’s kind of outrageous that we had to spend a quarter of a million dollars to try to secure the right to disseminate information in a public forum,” Gartner said.
Additional distribution locations for non-university publications will be mostly in buildings, including all the residential areas and university housing.
Gartner said there was some confusion over which buildings were allowed.
“There doesn’t seem to be any rhyme nor reason as to why some were allowed and some weren’t,” he said. “As incredible as it seems, we’re still barred from distributing in Parks Library and Hamilton Hall.”
The settlement also made provisions for the clean-up of trash left by newspapers on campus. Partnership Press agreed to remove all unused, out-of-date copies and other materials related to circulation.
“That’s an expectation of all publications,” Tanaka said.
Stein said he was happy with the settlement and felt it was important to protect the voices of students.
“What’s important to students is enhanced access to the publication that is by ISU students and for ISU students,” he said.
Stein also said increased access to non-university publications would be a good resource for students.
“The distribution policy that ISU set forth is a good policy to enhance the student voices and actually make sure that more voices can be heard because of the way this is going to be regulated,” Stein said.
“The Daily as a university-affiliated publication has preferred status because of its educational mission,” he said.
Madden said the university will construct and design wooden racks to distribute non-university publications in the designated locations. The publications will reimburse the university for the construction of the racks.
By designing and building the boxes, the university will ensure that distribution meets specifications and is safe and aesthetically pleasing, Stein said.
“Now you have mismatched racks or people dumping newspaper in the hallway,” Stein said. “This way it will be controlled, it will be neat, it will be orderly.”
Madden said the university also hoped to improve distribution facilities for student publications published less frequently, including campus magazines.
The university’s settlement with Partnership Press will not affect the pending lawsuit against the Iowa State Daily regarding the release of business records.
This week’s settlement also provides that the university and Partnership Press establish a committee to review the Daily’s educational mission and the commercial activities of the Daily, Gartner said.
He said Partnership Press has agreed not to sue on that issue before the end of the upcoming school year.
“[We are] hoping that issue can be resolved within the year,” Gartner said.