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Forced To Play The
"Technicality Game"
Iowa officials "court order technicality charade" of moving
newspaper
racks to areas with no foot traffic, has caused a drop of 80% in distribution
and in order to stay in business until a court injunction is granted we
have to make changes.
First, we move all racks in the 27 wide sidewalk rest areas to face the foot
traffic coming out of the rest room entrance. (exactly ten foot from
door.)
Second, we will be forced to add a fourth publication to get our income
sufficient to meet expenses , adding at all Iowa rest areas. With
putting one newsrack for this publication in front of the men's entrance
and one for the women's entrance at all Iowa rest areas, this will mean
adding about 80 additional racks in Iowa.
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Up until now all racks were placed to be
unobtrusive as possible and
were out front, or along side of the building. Now we are moving them
according to the court order restrictions.
Third to compensate we are adding four racks to be in front of women's
entrance. Our surveys show this increases income by 70%. This all
requires an investment of over $25,000.00 worth of newsracks added to
get our income up to meet expenses and survive.
These racks for the additional publication and the newsracks for in
front of the women's entrance will stay in Iowa even after we get a
court injunction, since there is a big investment putting them in
and would be additional investment taking them out.
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Up until now we had our racks against the side of the building, out of
the way under overhangs etc. off to the side of the door.....and off to
the side etc as much as feasable. Then they started moving them around
again.....claiming the court order says they can.
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Iowa Rest Area Before "Technicality Game" | |
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After Technicality Game With Two Playing. |
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Since we are placing racks to face the door and the backs are showing we have ordered several hundred new signs primarily for the backs,. We start installing these this week and will eventually get enough inventory to redo the fronts to match.
These large letter signs are expensive vinyl and are expected to last six years. Large letters were ordered since many newsracks are being moved so far from foot traffic you need field glasses if you were looking for them.
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We have been forced to join in the 'obeying the court order game' technicality's since no matter where we place a rack where they would normally be placed the Iowa DOT moves it.
We will be adding pictures here almost daily as as we move newsracks at 40 plus Iowa rest areas to participate in "technicality's".
Conclusion: The Iowa attorney generals office advised Iowa officials initially that they could get away with denying constitutional rights to distribute ones views and ideas on the sidewalk at Iowa rest areas.
The federal court ruled there was a right to distribute on Iowa rest area sidewalks with newsracks.
The Iowa attorney generals office advised the Iowa officials they could get away with pouring a sidewalk far from foot traffic and move newsracks over there.
The federal court ruled they could not do this to deny normal access and issued an injunction.
Now the Iowa attorney generals office has advised Iowa officials they can move newsracks to non- traffic areas and get away with it because of a technicality in the court order.
Jacobsen Distributing is filing a third action for court assistance in enforcing constitutional rights without constant molestation and movement of newsracks. To stop the ruse of installing benches and garbage cans to legitimize such actions under technicalities of the second court order.
This time, in order to get these charades by Iowa officials stopped, a federal suit is being filed seeking an injunction and for actual and punitive damages, against the Iowa Governor, the head of Iowa Dot, Administrator of rest areas, and the head of Iowa rest area maintenance all as individuals. These are individuals who have either conspired together to deny these rights or at least have the ability to get it stopped and have failed to do so despite adequate notice.
Holding them liable as individuals since Iowa officials can not claim this continued knowing arrogant violation of these rights can not be claimed to be "just part of their job"
Note: In the second law suit, photographs were filed as evidence of normal newsrack placement directly along side of the front entrance at rest areas in Colorado, Wyoming, South Dakota, (after court order and being upheld by US court of appeals) and other states such as photos below.
South Dakota
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Minnesota
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Missouri
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Our newsracks shown
here dead ahead, were moved by us to out front on August
18th at the Adrian south side rest area, moved to next to the curb.
Eleven feet from nearest bench, and eleven
feet from
lighted "historical marker."
Only Achilles heel they had left anywhere that is not blanketed by eight benches installed and spaced to exclude racks by using ten foot each way separation as excuse, per the 1998 court order technicalities. Following their latest tactics, installing a simple garbage can or stone ash tray, now, placed within ten feet here of these newsracks as now installed, they would then seize these racks again, move them out past the end of the building were few go and say...."you were in violation of the court order" so we moved them. |
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|| Add Bench Trick || More Iowa Rest Area Photos || Iowa Drawing || About the Plaintiff || Gist of 1998 Court Injunction See IOWA Web Sites Published by Harlango here |
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CONTACT IOWA OFFICIALS
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Iowa Governor: Tom Vilsack