Daily not responsible for Partnership Press fees
June 9, 1997
The Iowa State Daily does not have to reimburse the Partnership Press for legal fees that totaled more than $125,000 as a result of a recent decision by Judge Kurt L. Wilke.
Partnership Press, a local publishing company, won the initial lawsuit that ruled that the Daily is a government body and is subject to Iowa’s open-records laws.
However, since the Daily Publication Board acted in good faith with the law, the legal fees will not have to be paid, Wilke said. “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,” Wilke wrote in his decision.
General manager of the Daily Janette Antisdel said she was pleased with the judge’s affirmation that the publication did not do anything wrong.
“We did absolutely everything our legal council told us we should do,” Antisdel said. “This judgment is very good for the Daily.”
Michael Gartner, editor of Ames Daily Tribune and Partnership Press partner, thinks the legal fee judgment was wrong.
“I don’t think I should have to pay $150,000 to enforce a law that the state itself should enforce,” Gartner said.
Partnership Press and the Daily are filing motions for clarification from Judge Wilke. According to Antisdel, this will help both sides decide if they want to appeal Wilkes’ decisions.
The Iowa State Daily Publication Board has formed an ad hoc legal committee of students for the sole purpose of deciding if the Daily should appeal the lawsuit that declares it a government body.
John Hobson, Publication Board chairman and ad hoc committee chairman, said the committee will have 30 days after the judge’s clarification to decide if the Publication Board will appeal.
“We initially thought that the decision to appeal would be done by June 26,” Hobson said. “But things are frozen until we get the clarification from the judge.”
“Everything is up in the air because it is taking place in the summer,” Antisdel said. “It is hard to get a hold of students to make decisions.”
Gartner said he does not know the next legal step Partnership Press will take until after Wilke responds to the motions for clarification.
According to Hobson and Antisdel, the Daily will know whether or not it will be making an appeal by the end of the summer.
Nonetheless, both sides are expected to appeal the decision after Wilke responds to the motions for clarification. The case will then go to the Iowa Supreme Court.