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Written by Iowa Judicial Branch   
Thursday, 09 February 2012 14:09

Iowa Supreme Court to Hear Oral Arguments in Council Bluffs

Des Moines, February 8, 2012— On March 7, the Iowa Supreme Court will hear oral arguments in Council Bluffs. The proceeding will take place in the Arts Center at Iowa Western Community College, 2700 College Road. The session will begin at 7 p.m.

The court will hear lawyers argue in two cases:

Mall Real Estate v. City of Hamburg

Plaintiff, Mall Real Estate, asked the Iowa District Court for Fremont County to declare that the City of Hamburg's "sexually-oriented business" ordinance either did not apply to plaintiff's business or that it was an unconstitutional regulation and could not be enforced against plaintiff's business. The district court found the ordinance did apply to plaintiff's business and that it was a constitutional regulation. Plaintiff appeals the district court determination.

The lawyers for Mall Real Estate are: Brian B. Vakulskas and Daniel P. Vakulskas, Sioux City, and W. Andrew McCullough, Utah. The lawyer for the City of Hamburg is Raymond R. Aranza, Cedar Rapids.

American Civil Liberties Union v. Atlantic School District

Petitioner, the American Civil Liberties Union (ACLU), seeks additional information regarding discipline imposed on two school district employees after a "locker room strip search" of five female students. The Atlantic School District claims Iowa law does not require public disclosure of such job performance documents. The ACLU argues the Iowa Court of Appeals incorrectly interpreted a recent legislative amendment that should have permitted disclosure of the disciplinary action.

The lawyer for the American Civil Liberties Union is: Randall C. Wilson, Des Moines. The lawyers for the Atlantic Community School District are: Brett S. Nitzschke, and Emily K. Ellingson, Cedar Rapids.

"The Court looks forward to visiting Council Bluffs and appreciates the hospitality of Iowa Western Community College," Chief Justice Mark Cady said. "We received tremendous response from the three communities we traveled to last year. There was a great community turnout in each city and the people saw a court in action and how we work to resolve very complex issues. This is an opportunity for Iowans to see firsthand how legal matters that involve important issues can arise in the lives of Iowans and how the justice system and the rule of law operate to settle disputes and ensure the rights of all Iowans are fairly and impartially protected."


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