The ongoing war between Partnership Press, publisher of the Ames Tribune, and Iowa State University may be coming to end, as a judge recently denied a motion for a summary judgment.

In a Dec. 4 ruling, U.S. District Court Judge Harold Vietor denied Partnership Press’ motion, which called for an immediate decision of the case.

A summary judgment is a pretrial action by the judge which rules for the plaintiff in light of the evidence already presented. The motion requesting this decision is filed by the plaintiffs, in this case Partnership Press and Collegiate Publishing.

Vietor did approve two sections of the lawsuit.

“Overall, we feel pretty good about the judge’s ruling,” said ISU Vice President for Business and Finance Warren Madden.

In the lawsuit, the plaintiffs, Partnership Press and Collegiate Publishing Co., which publishes The Campus Reader, “allege that ISU’s new ‘Periodical Distribution Policy,’ regulating the distribution of newspapers on campus, violates their rights under the First, Fifth and Fourteenth Amendments to the United States Constitution.”

Vietor denied the motion on the grounds of an established difference between university and non-university publications.

“Consistent with the facilities’ educational purpose, the defendants drew the distinction between those periodicals with a recognized connection to student or university organizations and those periodicals without such a connection,” Vietor wrote.

“Those periodicals granted access provide educational opportunities to students, receive university support and, in turn, support the university and its educational mission.

“I find that such a distinction is not only reasonable, but the most reasonable distinction to make in light of the purposes served by the buildings at issue,” he wrote.

Vietor approved Partnership Press’ motion on two issues, ruling that the “Approvals” and “Fees” portions of Iowa State’s distribution policy are unfair.

The “Approvals” section of the distribution policy requires prior approval by Madden for all publications distributed on campus. The “Fees” section charges the publications for “disposal costs and custodial services.”

Vietor found the “Approvals” section of the policy to be “facially unconstitutional to the extent it gives the vice president unbridled discretion to grant or deny permission for distribution of periodicals on campus.”

Vietor also found the “Fees” section unconstitutional, writing: “Because it is undisputed that the Policy’s Disposal/Distribution Fees cover custodial and disposal costs above and beyond the costs associated with administering and enforcing the permission requirements, the fees are an unconstitutional burden on First Amendment activity.”

John Hobson, chairman of the Iowa State Daily Publication Board, said the ruling is good news for ISU’s publications.

“It’s actually helping them more than anything,” he said.

Paul Tanaka, director of university legal services, said the university “can live with” the portions of the lawsuit ruled unconstitutional, but was concerned with the clean-up fees section.

“Does the university have to pay for costs [the publications] generate?” he asked.

While Vietor’s summary judgment does initially uphold ISU’s Distribution Policy, the lawsuit will still go to court in the spring, and although Tanaka didn’t want to comment on the final ruling, he did say the balance may swing towards ISU.

“I think we’ve seen a preliminary indication that the report might be favorable,” he said.

Hobson agreed, saying the judge’s findings in the lawsuit supports ISU.

“Obviously, if [the policy] was really wrong, he would’ve stopped it,” Hobson said.