Iowa State Officials Try Tricks To Eliminate Newspaper Distribution At Iowa Rest Areas

IMPORTANCE OF PROTECTING FIRST AMENDMENT RIGHTS AT REST AREAS

The newsboy on the side walk hollering EXTRA EXTRA, has become extinct, replaced by newspaper vending machines on duty 24 hours a day.

However, machine paid circulation of specialty publications on city sidewalks is now, almost become extinct, as necessary volume sidewalk foot traffic has gradually moved to privately owned malls, not open to protected first amendment activity.

After the US court of appeals ruling, Jacobsen's primary circulation for 25 years was primarily newsracks foot traffic on sidewalks in front of over 300 post offices in six states.

Due to internet e-mail, Fed Ex and UPS, the foot traffic at post offices has dropped to "no longer feasable" and only 35 post office newsracks remain.

The only two areas left nationwide with enough foot traffic to make first amendment protected distribution of ones views and ideas, still feasable are airports and sidewalks at interstate rest areas.

Airport foot traffic moves and covers a large expanse and waiting for flights, public leisurely spends a great deal of time wandering around a wide area. Rest area foot traffic in contrast is very short, very direct to toilet entrance and directly back to car. If the first amendment activity is not allowed exposure in that very small foot traffic area, and two minute time span, then it is the same as banned and not allowed at all.

Apparently there is some mistaken belief in Iowa that government officials can allow and have free reign to violate constitutional rights to distribute with impunity as long as they are not violating a court order.

Five years after the second court order, officials believe they have found a loop hole.

Jacobsen Distributing now finds it necessary to be filing a third action for federal court assistance to restrain Iowa officials from continue moving and interfering with his four publications newsracks.

The second court order allowed certain restrictions but did not allow destruction of a protected activity by imposing a combination of restrictions as is now happening in 16 Iowa rest areas.

The first federal court filing produced a ruling that made it plain Jacobsen had a constitutionally protected right to distribute printed material with his newspaper vending machines on Iowa DOT rest area sidewalks.

To circumvent this ruling the Iowa- DOT poured fake sidewalks going nowhere, a half city block far from any rest stop foot traffic, moved plaintiffs racks there and said, "see we are allowing his racks to sell on our sidewalks" and "therefore we are complying with the court order".

Plaintiff after losing thousands of dollars, had to file a second federal court suit to get relief and this claim of theirs of "complying with the court order". This complying claim did not stop the court from issuing a temporary injunction preventing the DOT from such movement of newsracks.

Since it was obvious to everyone including the Iowa court, that the DOT was playing games to get around and prevent plaintiffs first amendment activity, the court spelled out what restrictions the state could apply, and one was spelled out that newsracks could be ten foot from the entrance.

To further clarify further the court allowed restricting ten feet from benches and garbage cans.

Newsracks have been in place near the entrance for five years in over 40 Iowa rest areas with little or no problems under that court order.

Newsracks in this Iowa rest area on the Minnesota border were in this configuration after the second court order in 98 until 2003. When defendants in present suit at Iowa DOT started the ruse of using garbage cans and benches subterfuge to "Make Okay" their cutting chains and moving racks shown here so far from entrance they will no longer come close to even making it in this picture.

Newspaper distribution has dropped 80% and is no longer feasable. Without court assistance first amendment activity at this rest area is over. To see the ruse they use as an excuse to move newsracks to where they wanted them, go here.

Distribution went along fine and rights were respected from 98 thru 2002 after the second court order. In 2003 when remodeled rest areas management found that by tripling the number of benches and strategically placing garbage cans they could again supposedly comply with the court order and again eliminate newspaper distribution at Iowa rest areas, and by using technicalities, they now found in 1998 court order and again be able to resume thumbing their nose at constitutional rights clarified by both court rulings.

This building is also used as a "state" approved "literature" distribution area. All literature (views and ideas) distributed at this building must be approved by Iowa government officials. Printed material distributed near the entrance by newsracks here is not "approved" by Iowa state officials, and have been trying for over ten years to inhibit and/or eliminate all such distribution of "non approved" literature at Iowa rest areas.

To see what Jacobsen Distribution is doing to compensate for the loss of revenue and stay in business, go here

Picture M

Racks were against building out of the way close to the entrance with little visual clutter. In 2003 eight benches were installed at this rest area and DOT moved the racks 50 feet from the foot traffic. Using the "bench and garbage can" ruse to eliminate any rack placement anywhere near any foot traffic.

The court had allowed and spelled out some restrictions, in the 1998 ruling. The Iowa DOT and their attorneys have now suddenly combined restrictions to move racks back to a distance from foot traffic equivalent to where they poured the "fake sidewalks" to move these newsracks to in the first ruse.

That subterfuge was ordered stopped by the court. The new ruse also negating the courts rulings in both previous orders, which were upholding normal distribution at Iowa rest areas same as other states.

In granting the court injunction restraining the IOWA DOT, the court said...

........"the court finds that there is a threat of irreparable harm to plaintiff Harlan L. Jacobsen from operation of the Iowa DOT's policy to relocate newsracks for his two publications in Iowa DOT rest areas".........

The court issued a temporary injunction that was made permanent and you can read the restrictions the court allowed, click here to read the whole thing.

Eight concrete benches installed at this rest area are spaced specifically to prevent any newsracks in this Iowa rest stop foot traffic areas. This all using and designed to take advantage of restrictions (options) allowed in the 1998 court order.

A government agency applying new restrictions in their area of jurisdiction normally notify parties involved and affected by the restrictions.

No such notice was sent to any newspaper with news racks at Iowa rest areas. Now, amounting to 14 publications.

Instead, the Iowa bureaucracy involved here arbitrarily and arrogantly had the racks seized without notice and moved to obscure areas out of view or notice of 99% of rest stop patrons.

Up until now, the benches at Iowa rest areas were mostly the more expensive wood benches, normally two or less per rest area.

A traveler sitting in his car for hours and stopping at a rest area for recuperation hardly wants to go sit on what would be either a "hot" or "cold" concrete bench. Popularity of the benches would not be adequate to justify more then three or four, and then only if they were wood would any significant number ever use them.

The reason for eight benches here is not for sitting, their very existence and the spacing is obvious they are for taking advantage of the court order technicalities to eliminate first amendment protected newspaper distribution at the newly remodeled Iowa rest areas.

We are charging in this third federal suit that state officials acting as individuals (violating constitutional rights is not part of a state job) are again knowingly and arrogantly allowing and conspiring to continue a violation of constitutional rights by again moving racks and denying distribution in a normal manner. Doing away with protected rights.

The state attorney generals office claims the same basis in defense this time the same exact thing they did in the first two lawsuits. That they are not violating a court order. (self serving "legal technicality" interpretation) Whether they are violating first amendment rights has never been any concern in Iowa.

Previous rest areas had one bench and a few had two. New remodeling includes eight benches carefully spaced with garbage cans so that there is no place racks can be placed that the DOT will not seize them claiming, violation of DOT restrictions allowed in 1998 court ruling

This technicality supposedly gives them free reign according to the Attorney Generals to disregard constitutional rights just as their claims on their action after the first ruling.

Adrian south side newsracks were against wall for over a year without a problem alongside of entrance, both sides. Newsracks were moved by DOT to past end of building and bench added here to justify movement of newsracks. (there are eight other concrete benches like this installed to eliminate racks anywhere near foot traffic.)

Whether they are violating, complying or not complying with a court order is not the question. The question is, (what this third court action is about) are they, by moving racks to obscure areas again, causing a violation of protected rights......and the answer is an obvious..... YES they are.

Irregardless, whether violating or not violating a court order is relatively immaterial.

Plaintiffs newsracks have been in place since the 1998 court order without much problem until five years later they started installing extra benches and using it as a pretense in 2003 to AGAIN MOVE newsracks to obscure out of foot traffic areas, thereby again trying an end run around protected rights.

See how Jacobsen Distributing is joining the "Technicality Game" to stay in business, go here

This photo shows news racks formerly located alongside of the entrances here, now located where DOT moved them, far right...past end of building, far from foot traffic sidewalk and entrance far left.

This is exactly the same thing they have done in 2003 at "top of Iowa" and other newer rest areas after they got on to this "concrete benches are cheaper then lawyers" legal "technicality ploy" to get rid of newsracks from traveled visitor areas at Iowa Interstate rest stops.

Check back regularly. We will be adding many evidence type pictures of what this conspiracy to deny first amendment rights at state owned Iowa rest areas every few days as we get them.

CONTACT IOWA OFFICIALS
Defendants in lawsuit three. Get their side of the story.

Governor Tom Vilsack Iowa Governor: Tom Vilsack
State Capital Building
1007 E. Grand Avenue
Des Moines, IA 50319
Phone: (515) 281-5211
Fax: (515) 281-6611
Email the Governor

Iowa Assistant Attorney General: Mark Hunacek
Dept. of Justice
Iowa DOT
800 Lincoln Way
Ames, IA 50010
Phone: 515-239-1521
Fax: 515-239-1639

Iowa DOT Director: Mark F. Wandro
800 Lincoln Way
Ames, IA 50010
Phone: 515-239-1111
Fax: 515-239-1005

Rest Area Administrator:  Steve McMenamin
Phone: 515-239-1680
Email the Rest Area Administrator

Office/Director of Maintenance:  Will Zitterich
Phone:  515-239-1396