Tribune, Daily will square off today in court
December 11, 1996
Ames’ two daily newspapers will go head-to-head today during a trial that will likely make clear whether the Iowa State Daily is a governmental body or a private, non-profit corporation.
The Ames Daily Tribune’s parent company, Partnership Press Inc., is suing the Iowa State Daily Publication Board and General Manager Janette Antisdel for alleged violations of the Iowa Open Records Law.
Today’s civil lawsuit in Webster City was sparked November of 1995, when a law firm in Des Moines requested documents from the Daily Publications Board for Partnership Press.
Under the Iowa Open Records Law, Daily lawyer Jeff Stein said the Daily was supposed to respond to the request within a specific number of days.
The Daily did so, he said, by notifying the law firm that Daily officials were reviewing the request.
Stein said the Daily responded to the request after the Thanksgiving holiday by asking law firm officials how they wanted the documents delivered. Instead of a response, Stein said the Daily learned that a lawsuit had already been filed against the Publication Board and Antisdel.
But Michael Gartner, editor of the Tribune and a Partnership Press partner, said Partnership Press officials received no answer within a 10-day time limit.
Partnership Press then extended the deadline ten additional days, Gartner said. “We certainly didn’t want to sue,” he said.
Daily officials answered the request on the 21st day, but with a limited response of only a few records, Gartner said.
“They still haven’t produced most of the information we want,” he said.
The Open Records Law states that “every person shall have the right to examine and copy public records and to publish … the public records or the information contained therein.” All governmental bodies in the state are required to follow the law.
Partnership Press claims the Daily is a governmental body because it is affiliated with Iowa State.
Gartner said the suit was filed because “arms of government shouldn’t operate in secret” and because people have a right to know how public money is spent.
“The nub of our argument is, of course they’re a part of government,” Gartner said.
Partnership Press contends that the Daily is a government entity because it receives free rent in Hamilton Hall, has several employees paid by the university, and is involved with Iowa State’s benefit plan among other things.
But Daily Publication Board officials contend that, as a non-profit corporation, the Daily merely voluntarily chooses to abide by open records laws and is not required to turn over information like advertising rate cards and contracts that would give the Tribune a competitive advantage. “We choose to do it ourselves, but we are not obligated,” said John Hobson, board chairman.
The trial is expected to spill over to Thursday and possibly Friday. A decision isn’t likely until well after the first of the year.
Partnership Press officials are also suing the university in a separate lawsuit over a new policy that limits distribution of publications not “affiliated” with Iowa State.