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ACLU Iowa takes up issues on both sides of gay marriage

April 24, 2009 By

The ACLU of Iowa says it is supporting both sides on two issues involving gay marriages in Iowa. ACLU executive director Ben Stone says the group will represent same-sex couples who’re denied marriage licenses by county recorders.

Stone says they believe “very strongly” that county recorders have a legal duty as public servants to obey the Supreme Court ruling on same-sex marriages. But on the other hand, Stone says the ACLU does not believe State Senator Merlin Bartz should be punished for asking county recorders to not issue licenses.

He says group believes the ethics complaint against Bartz for his action is misguided. “We condemn that ethics complaint because we think it is quite likely that Senator Bartz’s free speech rights would be violated if he was punished for what he has said and written,” Stone says.

Stone says recorders don’t have the right to deny marriage licenses to same-sex couples. He says the recorders have a legal duty to do what they are told and citizens can get what’s called a “writ of mandamus” where a citizen can compel a court to tell the recorders to do their duty.

Stone says the Bartz case falls under the old adage that “we may disagree with what you are saying, but will vigorously defend your right to say it.” Stone says Bartz is an elected representative, but he has free speech rights too, and if he wants to tell recorders to disobey the order to issue licenses to gay couples, he has the right to do that. “We are deeply suspicious any time government is asked to punish speech,” Stone says.

Stone says people on both sides of the gay marriage issue have the right to speak up, but he says it has to be done without an “intimidating, mob-like atmosphere.” Stone says you can’t threaten people or force them to do things against their will. He says Iowans are good at understanding the limits and he doesn’t think there will be any problems.

Gay marriage advocates say they will have people at many county recorder offices observing and helping gay couples, while those against gay marriage are being urged to be present at the offices also.

 

Filed Under: Crime & Courts, Politics & Government Tagged With:

New law requires insurance coverage of artificial limbs

April 24, 2009 By

Governor Chet Culver signs bill as Drew Wall, Nick Ackerman watch. The governor has signed a bill into law, ensuring Iowans who have health insurance and need an artificial limb will get it paid for through their policy.

hat used to be standard in the insurance industry, but legislators say in the past decade many policies have begun limiting the amount that can be spent on prosthetics.

Twelve-year-old Drew Wall of Cedar Rapids was diagnosed with bone cancer in February of 2008. He had a leg amputated and this year he’s been lobbying legislators to pass this bill.

"The problem is my prosthetic, that I’m wearing right now, is pretty simple and yet it costs $22,000," Wall says. "My insurance company, Blue Cross, only covered $10,000 of that."

Twenty-nine-year-old Nick Ackerman of Davenport caught meningitis when he was 18 months old and both his legs had to be amputated.

"Having insurance coverage, I was always able to get prosthetics growing up and to stay active," Ackerman says.

While Ackerman was a student at Simpson College, he won an N-C-A-A wrestling title in 2001. He now works for a company that makes artificial limbs.

"I felt that there was an opportunity to help a lot of people and to not do anything special, just have them see what I’m doing or what I’ve done and see that it’s not a big deal, given that you have the right equipment to do it," Ackerman says.

Representative Bob Kressig, a Democrat from Cedar Falls, says some insurance policies were placing a lifetime limit of $50,000 for prosthetics, and kids like Ackerman and Wall need much more than that just in their formative years.

"You know, I know of no one that has had their leg removed to get a prosthetic. It’s a definitve necessity," Kressig says. "…To limit that coverage through insurance policies, I think, is wrong, so this is a happy day for me. It really is."

Governor Culver says prosthetic devices are key to quality of life.

"I think that the reason all of us are in public service, working here at the capitol, is because of people like Drew and Nick. I mean, this is really good public policy," Culver says. "Too often, we find areas where we disagree on legislation or areas of public policy, but this is a great example of a bipartisan effort to do the right thing."

Click on the audio link below to listen to the entire bill signing ceremony and comments from both Drew Wall and Nick Ackerman.

AUDIO: bill signing ceremony…MP3 20 min

Filed Under: Health & Medicine, Politics & Government Tagged With: , , , ,

Double fatal fire in Hampton ruled an accident

April 24, 2009 By

Investigators have wrapped up the probe of a February housefire that killed a babysitter and a child. The Iowa State Fire Marshal’s office investigated the fire last February 14th at a Hampton residence.

Investigators have determined that the fire was accidental in nature and was likely started by an electrical arc within the wall of the second floor north apartment. The Hampton fire claimed the lives of 25-year-old Mackenzie Blandau and 22-month-old Luis Garcia. Both died of smoke inhalation.

Blandau and Garcia are two of the 24 Iowans who have died so far in fires in 2009. Assisting in the investigation with the State Fire Marshall were members of the Hampton Fire and Police Departments and Franklin General Hospital.

 

Filed Under: Fires/Accidents/Disasters

Group says it will defend recorders who refuse marriage licenses to gays

April 24, 2009 By

An Arizona organization has sent letters to Iowa county recorders offering legal help if they want to refuse to issue gay marriage licenses. Bryan English is a spokesman for the Iowa Family Policy Center which is partnering with the group.

English says the Alliance Defense Fund has offered to help county recorders who because of their conscience are refusing to issue same-sex marriage license. "Even though the constitution does not grant the Supreme Court the ability to make law, it’s apparent that the Attorney General and the governor’s office are treating the court action as if it were law," English says.

English would not say exactly how many county recorders might take advantage of the legal help. He says they have received calls from "numerous" recorders, but says since he doesn’t specifically represent them, he can’t give specific numbers. English says the Alliance Defense Fund will help recorders caught in a tough spot.

English says county recorders are "being forced to choose between their oath to uphold the law, which is one man, one woman in the state of Iowa, and the Supreme Court action requiring, or requesting them to violate their oath in the law in issuing these licenses." Lambda Legal, the national group that’s led the fight for gay marriage in Iowa downplays the idea that county recorders or others will protest Monday when gay marriage licenses can first be issued. English disagrees.

"Lambda Legal has invested years and hundreds of thousands of dollars in creating a fantasy world in the state of Iowa that simply does not exist," English says, "And for Lambda Legal to insist that somehow seven supreme court justices represent the will of the people is completely disconnected from reality. And that is consistent with Lambda Legal, they’re consistently, completely disconnected from reality."

English believes there’s more opposition than Lambda Legal says there is."The facts on the ground are that the people of Iowa are upset over what’s being forced on the state. It does not represent the will of the people, it has not gone through the legislative process, gay marriage is not legal in the State of Iowa, the constitution does not grant the court the ability to write law," English says.

The Alliance Defense Fund is providing county recorders with a statement to explain their decision to not issue the license based on their conscience.

You can see the Alliance Defense Fund letter here .

Filed Under: Crime & Courts Tagged With:

Girl dies in ATV accident in Southwest Iowa

April 24, 2009 By

One of two girls has died after an all-terrain vehicle crash in southwest Iowa. The Montgomery County Sheriff’s Office reports that at approximately 6:30 Thursday evening, officers investigated the accident in a farm field northeast of Red Oak.

Eleven-year-old Courtney Marie Leming was operating a Polaris Sportsman 400 ATV with passenger Morgan Leslie McFarland, also of Red Oak and 11 years old. The two were southbound in a farm field when the ATV lost control and rolled, throwing both to the ground. Leming was pronounced dead at the scene and McFarland was transported to Montgomery County Memorial Hospital with serious injuries.

Neither Leming nor McFarland were wearing helmets. Fundraising efforts are underway and an account has been opened in the name of Courtney Leming at U.S. Bank in Red Oak to help the Leming family.

 

Filed Under: Fires/Accidents/Disasters

Attorney General sues truck stop

April 24, 2009 By

The Iowa Attorney General is suing a truck stop, motel and restaurant off Interstate 35 near Williams for alleged water pollution violations. The Attorney General’s suit alleges that Boondocks U.S.A. repeatedly and illegally discharged wastewater into a drainage ditch that flows to the Skunk River, according to inspections since at least 2005, and despite numerous notices of violation by the Iowa Department Natural Resources.

A D.N.R. inspection on February 18th of this year, for example, noted that the lagoon was continuously discharging wastewater due to a deteriorated and malfunctioning valve. The lagoon berm was damaged by an overgrowth of trees, woody vegetation and cattails.

The lawsuit also alleged that Boondocks U.S.A. committed numerous violations related to its public drinking water supply, including the failure to do required routine sampling for contaminants and failure to do required follow up testing after routine samples tested positive for coliform bacteria on several occasions.

Attorney General Tom Miller said the Iowa D.N.R. has worked for years to get the Boondocks U.S.A. companies to comply with environmental requirements for their wastewater and drinking water supply systems. Miller said the lawsuit asks the district court to order compliance, prohibit further violations and to assess civil penalties. There has been no comment from officials of Boondocks, U.S.A and Welch Oil on the suit filed in Hamilton County District Court. 

Filed Under: Business, Crime & Courts

Iowa City artist featured in national postcard show

April 24, 2009 By

Passing Storm postcard by Michael Kienzle. A small abstract painting from of an Iowa City physician and artist is being featured in a national exhibition opening today in Las Vegas.

The National Invitational Postcard Exhibit includes artwork on postcards from each of the 50 states. Artists from across the U.S. were invited to create a postcard image about the place where they live.

The work "Passing Storm" by Dr. Michael Kienzle was chosen to represent Iowa. "It conveys the passing of a storm from stormy to clearing and then, on one part of the image, it’s all the bright colors of a clear day after a storm has passed through," Dr. Kienzle says.

"I picked that image because the weather’s a big deal in Iowa." There’s a Chinese proverb on the back of the postcard, reading: "Spring weather is like a child’s face, changing three times a day."

Painting is a hobby for Kienzle, who’s "day job" is working as a professor and cardiologist at the University of Iowa. He says he creates a postcard-sized work of art every weekday and adds an appropriate message. Kienzle says he emails the pictures and attached quotations to a wide array of people daily, something that started out as a way to keep up with family and friends.

"Actually, now it’s people I’ve met on airplanes and the list is maybe 600 people or so," Kienzle says. "It’s a way for me to communicate with people and also to let them know what my painting is doing. It’s a very enjoyable exercise."

He’s created hundreds of daily drawings, paintings and photographs over the past few years. After having avoided anything but medical-related pursuits for much of his professional life, Kienzle says he stumbled upon this new hobby several years back at an Iowa City frame shop that also carries art supplies.

"I saw that they were selling small painting starter kits and I figured it’s so inexpensive that even if I threw it away, it wouldn’t be a major loss," Kienzle says. "So I started painting and after a while my wife said they weren’t too bad and put some frames on them and before I knew it, people were buying them." The exhibit in Las Vegas runs today through July 2nd. To see more of Kienzle’s work, visit his website.

Filed Under: Recreation & Entertainment
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