May 21, 2012

Supreme Court upholds but modifies ruling in fraternity hazing case

The Iowa Supreme Court has upheld, but reduced an award to a University of Iowa fraternity for a clandestine tape made of alleged fraternity hazing. A student pledged the Beta Chapter of the Phi Delta Theta Fraternity at the University of Iowa in the fall of 2000, but then couldn’t join the fraternity because of his grades.

That student rented a room for the summer from the fraternity, but was restricted from going to any fraternity functions, such as their business meeting. The student later secretly taped a fraternity meeting and submitted the tape with a complaint that the fraternity broke school alcohol policies and that taped including an incident where pledges were hazed.

The University of Iowa and national chapter of the fraternity moved to suspend the fraternity for one year for the alcohol and hazing violations. The fraternity admitted to the alcohol violations, but sued the university saying the tape recording was illegally aquired.A district court judge sided with the fraternity and awarded them liquidated damages of $98,300 for the time when the tape was used.

The court also ordered $5,000 in punitive damages against the U-I dean of students Phillip Jones, and legal fees of over $60,000. The Iowa Supreme Court has upheld the ruling in favor of the fraternity, but modified the liquidated damages to $73,200. The High Court dropped the punitive damages against the dean of students and reduced the award of legal fees to just over $37,000. 

Des Moines tea shop providing gifts for Oscar party

Gong Fu owners Mike Feller & Rusty Bishop (l-r) A central Iowa shop that sells tea is among a very select group of merchants that will have its products featured at an exclusive star party in Hollywood prior to the Oscars on Sunday night.

Rusty Bishop, of Gong Fu Tea in Des Moines, says they sent 200 gift baskets to L.A. for the party at the request of the hostesses — Leeza Gibbons of "Entertainment Tonight" and singer-actress Olivia Newton John.

Bishop says, "During the dinner, they’ll have a VIP bag that they’ll be giving to everyone that comes to the event and the VIP bags will include six different companies’ products and ours will be one of them."

He says the party planners in Hollywood found the shop on-line using Google and contacted them directly to see if they’d be interested in contributing the four-tea gift samplers to the gift bags.

"Obviously, there will be some publicity, such as this, but for the most part, if we get some orders after people enjoy the tea, that’d be fantastic, but we’re not expecting too much to be honest with you." The event is a fundraiser for research on cancer and Alzheimer’s disease and it will include many A-list celebrities. Invited guests include Whoopi Goldberg, Julie Andrews and Donald Trump. Bishop admits he’s a little boggled by it all and can’t quite imagine his products being in the hands of such well-known personalities.

Bishop says, laughing: "Yeah, that is kinda’ funny. It’d be interesting to get a call from Donald Trump one day for a re-order of Ancient Happiness (tea), if he enjoyed it." For more information, visit the Gon Fu website .

More wineries join state directory

Millstream beer In the past year, nine wineries joined the Iowa Wine and Beer Directory. LuAnn Reinders, with the Iowa Wine and Beer Promotion Board, says there are now at least 70 wineries in the state. A special “cold variety” of grapes are grown in the state creating unique flavors of wine.

“The breweries and brew pubs are also just exploding,” Reinders said. “It’s interesting…that craft beer that you just can’t get anywhere else.” There are now at least five brewing companies in the state and more than a dozen brew pubs.

The oldest beer brewing company in Iowa is in Amana. Millstream Brewing Company opened for business in 1985. The 2009 edition of the Iowa Wine and Beer Directory is now available at Iowa Welcome Centers or on-line at “Iowa Wine and Beer dot com “.

Reinders says each listing includes a short description, the location and hours of operation for the state’s wineries, breweries or brew pubs. “Some of them can be a bit of a challenge to find, so we include a map in there, so people can go find them and experience their products first hand,” Reinders said.

The 2009 guide also identifies the five Iowa wine trails and includes a listing of special events.


Audio: Pat Curtis report on bottling and selling wine and beer. :49 MP3.

Iowa women dominate second half against Wisconsin

After trailing by two at the half the Iowa Hawkeye women dominated the opening moments of the second half as they beat Wisconsin 72-65 in Iowa City.

Iowa coach Lisa Bluder says they started the second half with more intensity and shot the ball extremely well, while also winning the rebounding edge.

The Hawks held the Badgers scoreless for more than five minutes to start the second half. She says the defense was better in the second half and they also got to the free-throw line, which made a difference.

Iowa has now won 9 of 11 games and improves to 10-5 in the Big Ten and 17-9 overall.

Iowa coach wants team to play for now

Iowa basketball coach Todd Lickliter says there is no thought of just "playing for next year" during the last few weeks of the season. Iowa is 3-10 in the Big Ten and at 13-13 overall any type of post-season appearance is highly unlikely. Lickliter says the focus will always be making the most out of this season.

Lickliter says it’s a good opportunity and a chance to see if they can work hard and finish strong and see what happens. He says as long as there’s an opportunity to win games, you have to take every opportunity to seize it.

Lickliter says time is running out on this season and the Hawks will make the most of it. He says you start to broaden your vision so you can grasp what it means to utilize the time well as there are only 14 practices left and just 16 guaranteed games.

Iowa hosts Michigan on Sunday.

Electrolux lays off more workers in Webster City

More layoffs are hitting a north-central Iowa factory. Officials of Electrolux Home Products in Webster City announced Thursday that 43 workers will be laid off on a temporary basis effective this Monday. Company spokesman Tony Evans said the layoffs are due to weakened industry demand in light of current economic conditions.

Evans said the workers could be called back when the market conditions improve. Last November, 99 workers were laid off at the Webster City Electrolux washer and dryer plant. At one time, the Electrolux plant employed approximately 2,100 workers.

Back in 2006, company officials announced that 700 jobs at the Webster City Electrolux plant would be eliminated with the jobs moving to a facility in Mexico. The shift in production has yet to occur but Evans blamed the weak demand for appliances in the current recession. 

Chief Justice says budget cuts would "cripple" the court system

While the Chief Justice of the Iowa Supreme Court usually listens to others make their case, Marsha Ternus took the other side and presented a case Thursday for protecting the court system from budget cuts. The Iowa Legislature will decide just how much money is to be cut from the state court system. Ternus says 95% of their budget is for personnel, so there are only two options to carry out any cuts.

Ternus says they can develop a system of part-time courts and shut down the courts for however many days it takes to meet the level of funding put forth by the legislature. "But of course how do we maintain rights, and meet our citizens needs for court services if we’re closed?," Ternus says. The other option is to layoff some of the 16-hundred court personnel, but Ternus says they are already running things without enough staff.

Ternus says they are a "constitutional body who resolves disputes and processes criminal complaints." She says they don’t have the option of saying they are going to slash a program, such as saying for example that they’re going to cut out small claims cases. "We don’t have programs to cut, when people have the need for court services, we have to be there to provide them," Ternus says. The court system shut things down on Monday to save some $335,000 Ternus says she talked with juvenile court officers and got a good idea of the problems caused by that one-day shutdown.

"And frankly I was astonished and sickened at everything that can happen in one day in the lives of our delinquent juveniles," Ternus says. Ternus says all types of legal services were delayed by the shut down Monday, and she says the situation could get even worse.

Ternus says: "Let there be no mistake, the proposed budget reductions — whether we meet them by having part-time courts or through massive layoffs, will cripple the court system. And every Iowan should be concerned about that. As one district court judge recently told his legislator, ‘all roads of commerce and social concern lead through and to the judicial branch of government’."

Ternus says she hopes legislators will look at the importance of providing enough funding for the judicial system. Ternus says they’ve closed the courts, but she hasn’t heard of any other executive branch office closing to meet the budget cuts. "I don’t think the film office has shut down for the day, I don’t see any of the universities furloughing professors. The question we face today is, what are our priorities?"

Ternus says the shut down of the court system to save money in this fiscal year was only a short-term solution. She says the 2.3 million or 3.8 million dollars that gets cut from the budget this year will not be put back into the budget for the next fiscal year. "So are we just going to continue closing down the courts year, after year, after year? And just have part-time courts. We can’t do that, so the only other option is to start laying people off," Ternus says.

She says they need the employees to process cases, as she says they don’t have enough to process the cases they have now. The legislature is expected to make a decision on the court system budget sometime in March. Ternus and state court administrator David Boyd say information on the impact of the cuts is available on-line at the judicial branch’s website .