February 9, 2012

Vilsack may lead lawsuit over smoking ban

Former Governor Tom Vilsack. (file photo) Former Iowa Governor Tom Vilsack may be the lead lawyer in a lawsuit against the state, challenging Iowa’s smoking ban, which goes into effect tomorrow.

The core of the case would revolve around the exemption which allows smoking on the gambling floors of the state-licensed casinos in Iowa.

"I can tell you if I’m involved it won’t be a lawsuit that seeks to strike the law, which is what some folks want," Vilsack said during a telephone interview with Radio Iowa. "If I’m involved, it’ll be a lawsuit that seeks to extend the protections of the no-smoking ban to other locations, like casinos."

A group of bar owners met with Vilsack to talk about a lawsuit. "Now I have not been, at this point, formally hired, but I have been contacted and I’ve advised folks who are interested in using my services that it would be under those circumstances and I think that there are a number of folks — bar owners and non-bar owners — who are interested in making sure that the playing field’s level," Vilsack said.

A bill to ban smoking in most public places — with the exception for the gambling floors in Iowa casinos — emerged this spring from the legislature and was signed into law by Governor Chet Culver this past April.  "I’ve done some research and I believe that there is a good legal argument to be made that the smoking ban did not go far enough and needs to be extended to some of those other places where there are workers and customers who would potentially be exposed to secondhand smoke, which is the intent of the law," Vilsack said.

There’s another legal argument to make, according to Vilsack, one that has great appeal to the bar owners with whom he’s met.  "From an economic standpoint, those who are in the entertainment venue business, as certainly bars and taverns are, they ought to be on an equal and level playing field and no one should be given a privilege or an immunity from a law simply because they have political connections or political might that resulted in exceptions being created that make them outside the law," Vilsack said.

The former governor said it’s a matter of "fundamental fairness to those who go to casinos, those who work in casinos and those who are competing for limited entertainment dollars."

Vilsack served two terms as governor before launching a bid for the White House in 2007.  In early 2008, he dropped out of the race.  Last summer, Vilsack joined the law firm in which former Vice President Walter Mondale is a principal partner. 

Move to allow preschool teachers in NEA, ISEA

The head of the state teacher’s union isn’t sure how he’ll vote on a proposal that would expand the ranks of those who can join the National Education Association — and potentially expand the membership of the Iowa State Education Association.

ISEA president Chris Bern of Knoxville says the proposal before National Education Association delegates would allow those who work in preschools, as well as teachers in private schools, to join the N.E.A. "It’s a very tricky thing, so I’m sure that we’re going to have some people in our delegation and there’ll be several people across the country who are not in favor of allowing private K-12 educators to join the NEA since we (have) a public-school focus."

But Bern says allowing preschool teachers to join the teacher’s union is seen in a much more favorable light. "There are so many people teaching in preschools and it’s such a big focus, so there’s a large group of teachers who could use the support of a state or national organization," Bern says, "but right now NEA doesn’t allow that."

Bern is one of the 9000 delegates at the National Education Association’s annual meeting in Washington, D.C.

If preschool teachers were to be allowed into the National Education Association, it means the teachers’ union could organize in preschools and collectively bargain for wages and benefits. Other unions, like the Service Employees International Union, have been organizing preschool teachers into their union.

 

Dog counselor says don’t take them to fireworks displays

Many Iowans are already celebrating Independence Day by shooting off noisy fireworks and firecrackers, which makes this a stressful time for dogs and their owners. Paula Sunday, a dog behavior counselor at the Animal Rescue League of Iowa, says for starters, don’t take your dog to a fireworks display.

Sunday says some dogs can handle it but most dogs are really frightened and very disturbed by the huge, inconsistent noises and lights, causing some of them to go through windows or cause themselves harm. She says if you’re leaving your dog at home while you attend a fireworks show, keep them in an internal room, if possible, and make sure the animal has been walked before you go. Also, keep a radio or TV on to distract them from the noises.

Dogs have a much higher sense of hearing, Sunday notes, so the loud squeals, screeches and booms of fireworks can really spook a canine. If people in the neighborhood are already setting off fireworks, work with your dog, she says, "Jolly them, be happy, grab a ball, grab some treats, make it so it’s no big deal, because if you worry about it or you console the dog, you can actually make the dog feel like this is something to be frightened about and we really don’t want to give them that impression."

While making certain your dog is wearing proper identification is always important, Sunday says it’s vital now, since the animal could take off running because of fear. "They’ll bolt through doors, go through screens, things that they wouldn’t normally do, so make sure you have your collar and tags on your dog," she says, in addition to having a microchip implanted, and have those numbers handy. Sunday says dogs have been found, miles away, after running away overnight.

Hot spots keep firefighters busy in Orange City

Firefighters are still keeping an eye on an historic building that was gutted by fire in downtown Orange City Sunday evening. Fire chief Denny Vander Wel says it was a difficult fire to fight. Vander Wel says the second floor of building once served as a hotel with individual rooms, which hindered their ability to fight the fire.

The four walls of the building are still standing, but Vander Wel says it’s a total loss. He says the roof is burned off, and most of the interior is gone. Vander Wel says a nearby building suffered smoke and water damage as they put some 600-thousand gallons of water on the building, and that water ran into the other building. Vender Wel says their job isn’t done yet.

Vander Wel says there are too many hot spots, and they’ve been applying water ever half hour to 45 minutes, and they will be there the rest of the day trying cool the hot spots down. An investigator from the State Fire Marshal’s office is expected to be on the scene Tuesday to help determine a cause of the fire.

Counselors on hand to help classmates of storm victims in Council Bluffs

School is out for the summer, but students are gathering at Abraham Lincoln High School in Council Bluffs today after two classmates were killed over the weekend in a violent storm. Diane Ostrowski is spokeswoman for the Council Bluffs School District.

"We want to be able to provide some assistance to those who are trying to deal with this tragedy and we’ll have counselors available," Ostrowski says. Eighteen-year-olds Jacob Hemmingsen and Skylar Shaw were killed Friday night when a large tree fell on their car during a powerful thunderstorm. Both had graduated from the high school this spring.

Ostrowski says at a time like this, it’s important for people to get together, "so that those who want to visit about the life of these young men can certainly do that and also receive some trained counseling." Winds during the storm were clocked gusting to 115-miles an hour, with heavy damage throughout the Omaha metro area that left more than 120,000 people without power.

The boys’ deaths were the only ones reported from the storm. Ostrowski says the sudden deaths of the two teens have left many people in the Council Bluffs area stunned. She says, "The unexpected nature of it and these young men are on their way to starting a new chapter in their lives and it’s just something that we’re all trying to deal with."

Another student at the school survived the incident. Fifteen-year-old Hilary Manlove was in the back seat and was pinned inside the vehicle. A backhoe that was parked nearby was used to free her from the wreckage. She was treated and released at an area hospital.  

Businesses damaged by fire in Orange City

Two businesses in downtown Orange City were gutted by fire Sunday afternoon. The building on Central Avenue and First Street held Hannah’s Hallmark and a studio of Curves For Women.

The fire department was called out around 5:30 P.M. Sunday. Firefighters from Orange City and departments from six other neighboring cities worked to get the blaze under control and to keep the fire from spreading to other businesses. The building is apparently a total loss but more details about the fire are expected to be released later today. 

Audio: Doug Broek reports. :31 MP3

Northeast Iowa man faces numerous charges after alleged false crime report

A northeast Iowa man is under investigation by law officers in Iowa, Wisconsin and Illinois for allegedly calling in a fake report of a stabbing at a southwest Wisconsin tavern. Just before one A.M. Saturday, authorities received a 9-1-1 call reporting an ongoing fight at the "Thumbs Up" bar in Kieler, Wisconsin.

The man identified himself as an off-duty deputy and said that one person had been stabbed. The caller later claimed the victim of the stabbing no longer had a pulse and that he was performing C-P-R. Several law enforcement agencies responded, but discovered there was no such incident at the bar.

A short time later, Dubuque police received a similar call. Dubuque and Jackson County officials were able to trace the call and get a location of the cellphone. The suspect was identified as 23-year-old Patrick Bailey of Bellevue. Multiple charges are being pursued.

Audio: Roger King reports. :36 MP3