INA votes against proposed legislation
January 26, 1998
It may have been a small victory, but don’t tell that to the 30 Iowa State Daily staffers who made the trip to Des Moines Friday afternoon.
On a 7-4 vote, with two abstentions, the legislative committee of the Iowa Newspaper Association (INA) denied Michael Gartner and Gary Gerlach’s request for support in their battle against the Daily and Iowa State.
Gartner is the chairman of Partnership Press and editor of the Ames Daily Tribune, and Gerlach is the president of Partnership Press and the publisher of the Tribune.
They are taking legal action against the Daily and ISU in three areas: access to records, unfair competition and distribution rights.
On Friday, they had two requests for the INA, according to Gerlach: a reaffirmation of “the general idea that government does not compete with private enterprise” and the development of “more specific remedies to make sure we have strong non-competition laws.”
Gartner and Gerlach had originally asked the committee to support a specific amendment to Chapter 23A of the Iowa Code, but they decided to focus on broader topics.
The measure would prohibit state agencies from supporting nonprofit entities with annual commercial advertising gross revenues exceeding $100,000 and with a full-time professional assisting in the solicitation of advertising.
The verdict surprised some in attendance, as many statements made by committee members during pre-vote discussion indicated support for Partnership Press.
But after a vehement “no” from committee member Ken Robinson of the Bayard Gazette, the vote was tallied, and the Daily had won.
“It’s a good win for us, but I don’t think it will stop them in what they’re trying to do,” said Keesia Wirt, editor in chief of the Daily. “It probably hurts them, but they’re not the type to admit defeat.”
She was right — Gerlach was upbeat despite the loss.
“I think there was a good discussion today, and I think the discussions will continue,” he said. “I don’t think this will be the end of it.”
Gerlach said Partnership Press will still pursue the passage of their amendment by searching for an Iowa legislator who will sponsor it.
Jeff Stein, lawyer for the Daily, downplayed Friday’s outcome, saying, “It’s not the last day we’re going to be dealing with this issue.”
He said the victory was more significant because “there were students filling the room to share their opinions. It was very important in terms of showing that students really do care and do play an active role in this newspaper,” he said.
“The vote … was a vote on this resolution and not on the general principle of competition between private and public entities,” said Rick Morain, committee co-chairman and publisher of the Jefferson Herald.
He said the INA would still actively oppose illegal competition.
“This general subject will be something the association will continue to be involved in,” Morain said.
Along with the Daily’s contingent, Friday’s joint meeting of the legislative committee and the INA Board of Directors was attended by about 15 others, including the publisher and editor of the University of Iowa’s college newspaper, the Daily Iowan.
Gerlach took the podium first.
Wearing a cardinal-and-gold colored bowtie, he said the student turnout “augurs well for a healthy debate.”
He proposed first the creation of a task force that would focus on open-records laws and government competition with private businesses. “There are competitive problems with the university,” he said.
Gerlach accused the Daily of raising “false issues,” such as claiming that Partnership Press was trying to control the Daily’s news gathering, editorial content and advertising.
More accusations were tossed by Michael Giudicessi, Partnership Press’ lawyer from the Des Moines firm of Faegre and Benson.
He said the Daily and ISU were “using their tax-exempt status to underprice the private sector,” which he called “illegal, not just unfair.”
Gartner also spoke during Partnership Press’ 30-minute presentation, the first time slot in the meeting.
The Daily was then allotted 30 minutes, followed by 10 minutes each of rebuttal time for PP and the Daily.
The Pulitzer Prize-winning writer emphasized his interest in seeing the Daily succeed, but he criticized it for having “absolutely no guidance” from what he described as “fine professors” in the journalism department.
“Our sons and daughters are not getting a good journalism education in that aspect of it,” he said.
Stein opened up his time at the podium by categorically denying Gerlach’s claims.
“The Iowa State Daily is operated as a nonprofit corporation,” he said. “It is not owned by or controlled by Iowa State University in any respect.”
Stein said the Daily is “financially separate and editorially independent.”
He also disagreed with Gartner’s characterization of the Daily as an out-of-control, mismanaged newspaper.
“Their dedication is as strong as ever, to be the best journalists, to be the best advertising representatives,” Stein said of the students working at the Daily.
Gerlach, Gartner and Giudicessi repeatedly condemned the Daily for having professionals sell advertising, but student after student refuted them.
“Professionals do not handle accounts at the Iowa State Daily,” said John Gaddis, student advertising manager.
“I reassure you that the students are making the decisions at the Daily,” said John Hobson, president of the Daily Publications Board.