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IA SUPCO strikes down nude dancing law in Hamburg

News

July 27th, 2012 by Ric Hanson

DES MOINES, Iowa (AP) — The Iowa Supreme Court has told the city of Hamburg that it cannot enforce an ordinance that prohibits a local business from allowing semi-nude lap dances because state law pre-empts the ordinance. The city in 2008 passed a local ordinance that requires semi-nude dancers to remain more than six feet away from customers. The owners of a property that leases space to a place known as “Shotgun Geniez” sued the city. They claim the ordinance eliminates lap dances — one of the major reasons patrons go to the club. The court finds Iowa law pre-empts local obscenity ordinances and that nude dancing falls within the state’s obscene materials statute, which prohibits cities from regulating obscenity. As a result, Hamburg’s ordinance cannot be enforced.

Read the complete Iowa Supreme Court decision and the opinions expressed by the justices, on this link:

http://www.iowacourtsonline.org/Supreme_Court/Recent_Opinions/20120727/10-0898.pdf

(updated 10:40-a.m.) IA SUPCO upholds Appeals Court decision in Atlantic Strip Search Case

News

July 27th, 2012 by Ric Hanson

The Iowa Supreme Court has upheld a lower court ruling blocking the release of information on how officials at Atlantic High School were disciplined after conducting a strip search on female students in August of 2009. The Iowa A-C-L-U sued seeking to find out the punishment given the two school employees involved in the case. The Iowa Supreme Court Friday (today) upheld the lower court ruling 4-3, saying the punishment information was part of the school employees personnel record and exempt from the state Open Records Act. Three justices dissented in the case, including Chief Justice Mark Cady, who said the majority opinion takes “a step backward from the new age of open government in this state.” Cady said while the legislature understands that confidentiality is needed in some aspects of government work, the facts of this case reveal a substantial public justification for disclosure of the requested information.

A-C-L-U executive director, Ben Stone, says the case is important beyond the impact it has on Atlantic. “We are disappointed, it was a close decision 4-3 with Chief Justice Cady and two of Governor Branstad’s appointees with us in the dissent. You know this case really raises a phenomenal public interest in the right to know,” Stone says. Justices Waterman and Mansfield joined Cady in the dissent. Stone says his organization was very specific in what they sought. “The school district announced the names of the two employees and said that they would be disciplined. And all we were seeking was what was the nature of that discipline. We weren’t looking for an entire performance record,” Stone says. “And the Atlantic School District refused to turn that over and the Supreme Court has agreed with that conclusion and so now the people of Atlantic will probably never know what was done to stand up for the privacy and integrity of those girls. And that’s very disappointing.”

The majority of justices said there was not a need to balance the public’s need to know, with the right to privacy of the individuals. Stone argued the other side and was supported by the dissent. “Chief Justice Cady really lays it out in the dissent, that we’ve been using a balancing test for 30 years and the majority opinion really denies that reality. Because when you are determining…whether or not something is personal in the language of the statute, you have to determine that by the context. And the context in essence is a balancing test,” according to Stone. The dissent also says in essence that transparency in government “will surely be thwarted” by those in government who say matters are related to personnel issues in an effort to keep them from being scrutinized by the public.

Stone says the A-C-L-U will seek to have the legislature change the law to keep that from happening. “The 4-3 decision is a disappointment, but we’re not done,” Stone says. “We’re gonna do what we can to try to see to it where incidents like this where really outrageous and indefensible conduct by public employees is disciplined by the institution, that the public will be able to find out — in certain circumstances — what that type of discipline was.” The strip search of the girls in a locker room came after a fellow student reported 100 dollars had been stolen from her purse. The money was not found and the district later announced the strip search was against school policy. The district paid 300-thousand dollars to settle a lawsuit filed by the families of three girls who were subject to the strip search.Atlantic assistant principal/activities director Paul Croghan one of the two employees identified by the district as being involved. Croghan later resigned from the district. The other employee was identified as Heather Turpen.

(Radio Iowa)

For a compete viewing of today’s Iowa Supreme Court ruling, click on this link:

http://www.iowacourtsonline.org/Supreme_Court/Recent_Opinions/20120727/11-0095.pdf

Uncle of missing Iowa girls treated for overdose

News

July 27th, 2012 by Ric Hanson

WATERLOO, Iowa (AP) – An uncle of the missing Iowa cousins is recovering in a hospital following an apparent drug overdose. Wylma Cook says her 32-year-old son Jeremiah Cook was in stable condition Friday at Allen Hospital in Waterloo after the overdose Thursday night. She says he’s expected to be OK. 

Wylma Cook says the disappearance of 10-year-old Lyric Cook and 8-year-old Elizabeth Collins has “taken a toll” on Jeremiah, who was having trouble sleeping and eating. She says he has no children but was very close to his nieces, considering them his “prized possessions.”  The girls vanished after leaving for a bike ride July 13 in Evansdale.  Cook says her son hadn’t taken methamphetamine, cocaine or marijuana, but she declined to say what caused the overdose.

Designer Drug Arrests – Midwest

News

July 27th, 2012 by Ric Hanson

ST. LOUIS (AP) – Six people are arrested and more than 210,000 packets of synthetic drugs seized in six Midwestern states as part of a nationwide crackdown. The Drug Enforcement Administration on Thursday announced results of Operation Log Jam, targeting synthetic drugs like so-called “bath salts” and fake marijuana, items commonly sold at head shops and some convenience stores and often targeted at teenagers. The DEA says nearly 100 people nationwide were arrested and more than 5 million packets seized.
 
James Shroba of the DEA office in St. Louis says synthetic drugs are a growing problem around the nation, including the six states his office covers – South Dakota, Iowa, Nebraska, Kansas, Missouri and southern Illinois.  He says the crackdown sends a message to manufacturers and sellers that law enforcement is coming after them.

9AM Newscast 07-27-2012

News, Podcasts

July 27th, 2012 by Chris Parks

w/ Ric Hanson

7AM Newscast 07-27-2012

News, Podcasts

July 27th, 2012 by Chris Parks

w/ Ric Hanson

Mapleton woman who dumped dogs sentenced anew in Nebraska

News

July 27th, 2012 by Ric Hanson

GRAND ISLAND, Neb. (AP) – A 49-year-old Iowa woman has been given nine years of probation in Nebraska because she violated terms of an earlier probation sentence by living with dogs. Denise Withee, of Mapleton, was sentenced on Thursday. Her new sentence also includes a provision that bars her from owning or living with any animals. Withee had been on probation for dumping 23 dead or dying dogs in a Nebraska cornfield in 2008. She has admitted that she violated probation by living with 13 dogs at the Iowa home she shares with her mother. Iowa authorities discovered the dogs in January.  Withee’s attorney, Vicki Kenney, says Withee fits the description of an animal hoarder and described her as “an addict of animals.”

Audubon County Fair Queen Crowned

News

July 27th, 2012 by Ric Hanson

Audubon County Fair officials bestowed the Queen honors Thursday night, on Katelyn Asmus. Runner-up for the title was Taylor Lewis. Seven young ladies were vying for the title to represent the county over the course of the year, and at the Iowa State Fair. The other candidates included: Amanda Steffes, Beth Irlmeier, Clara Lauritsen, Chansea Nelson and Dani Esbeck.

Some activities scheduled for today at the fair include: the 4-H/FFA Sheep & Goat show, at 8-a.m.; Judging of the Open Class static entries, at 9-am; 4-H/FFA Horse Show at 10-am; County Fair Olympics from 1-3pm; Fashion Designer’s Showcase at 4:30-pm; Decorator’s Showcase at 5:30pm; and the Figure 8 Races, beginning at 7:30-pm.

Cass County Fair Royalty announced

News

July 27th, 2012 by Ric Hanson

The King and Queen of the 2012 Cass County Fair were announced Thursday night, during the opening day of the fair. As you may have heard on KJAN live during the ceremony, Haley Schmidt, of Griswold, was chosen as Cass County Fair Queen, while Dexter McDermott, of Atlantic, was named Cass County Fair King

Other royalty include Maggi Amos, Cass County Fair Princess, and Logan Potter, Cass County Fair Prince. Potter was also named “Mr. Congeniality.” Emily Jacobsen was chosen was “Miss Congeniality.” Ryan Aupperle and Tanner Potter were finalists for the King competition, while Emily Jacobsen and Larissa Backhaus were finalists for the Queen competition.   

The fair continues through Tuesday morning. On the schedule today is: 

The Sheep/Meat Goat Weigh-in, from 8am-11am

The Rabbitt and Horse shows, beginning at 9-a.m.

The Commercial Exhibits will be on display beginning at 10-a.m.

4-H Exhibits open in the Community Center at 1-p.m.

The Feeder Calf weigh-in (2-3pm)

Feeder Calf Show (5-p.m.)

Bullride (7:30-p.m.)

Drug arrests reported in Red Oak

News

July 27th, 2012 by Ric Hanson

Two Red Oak residents were arrested early this (Friday) morning, on drug charges. According to Red Oak Police, 19-year-old Kayla Caroline Cornelison and 37-year-old Markus Eugene Johnson were taken into custody following a traffic stop at 12:55 a.m. at the corner of West Linden and North Broadway.

Cornelison was charged with possession of methamphetamine. Her bond was set at $1,000. Johnson was arrested for possession of drug paraphernalia. He was being held on $300 bond.