Partnership Press appeals suit against Daily board
July 14, 1997
Partnership Press has appealed the ruling that the Daily Publication Board does not have to pay the Partnership Press legal fees totaling $125,000.
John Hobson, chairman of the Daily Publication Board, said he found out Monday that the appeal will go to the Iowa Supreme Court.
“The court believes that the publication board truly viewed themselves as an independent entity of Iowa State University and acted in good faith in defending against Plaintiff’s claim,” Judge Kurt L. Wilke wrote in his decision.
The first judgment by Wilke also included that the Daily is a governmental body and, therefore, subject to Iowa’s open-records laws.
Hobson said Partnership Press wants more Daily records open than what the judge agreed upon.
“The whole case will be revisited by the courts,” Hobson said. “I am not surprised Partnership Press appealed because the first issue was the legal fees and the second was the Iowa open-record laws.”
Gary Gerlach, co-owner of Partnership Press, said that appealing the judgment to the Supreme Court may overturn the victory of Partnership Press.
Partnership Press is willing to take the risk of appealing because they are more interested in private citizens having access to public information, Gerlach said.
Hobson said the summer legal committee will meet July 16 to discuss with lawyers what the next step will be for the Daily Publication Board.
The lawsuit was filed by Partnership Press in November 1995, claiming the Iowa State Daily is a governmental body and, thus, subject to Iowa’s open-records laws.
“This appeal is not a pressing issue for the Daily,” Hobson said.
“I think the appeal will go to court for the first time in the Spring of ’98.”
Last month, Wilke denied both parties clarifications of his initial judgment.