IN THE IOWA DISTRICT COURT
FOR DES MOINES COUNTY
IOWA CIVIL RIGHTS COMMISSION, Petitioner,
VS.
GET-AWAY LOUNGE, ALICE LONG, and CHARLES MANES, Respondents.
CE# 2847-0586
Filed December 18, 1987
ORDER OF ENFORCEMENT
NATURE OF THE PRESENT CASE
Petitioner Iowa Civil Rights
Commission seeks to enforce its final order in the contested case
of Leon King v. Get-Away Lounge, Alice Long, and Charles Manes,
CP# 03-81-7556. Iowa Code Sections 601A.17(2), and following.
Through their Answer filed
June 12, 1986, and their Statement of Defenses filed October 5,
1987, Respondents Alice Long and Charles Manes oppose enforcement
on the following three theories:
1. The judgment is unenforceable
due to the death of complainant Leon King.
2. "Respondents were
not afforded a proper opportunity to be heard or to resist the
exceptions filed by the Commission to the Hearing Officer's proposed
decision."
3. "The record does not substantiate or justify" the Civil Rights Commissions's finding that Charles Manes had "any interest in the Get-Away Lounge within the meaning of the Applicable Statute."
HISTORY OF THE UNDERLYING CONTESTED CASE
Leon King, a black person,
filed a complaint with the Iowa Civil Rights Commission alleging
discrimination on the basis of race. Iowa Code Sections 601A.7
and 601A.15. A two day evidentiary hearing was concluded July
8, 1985. The hearing officer issued her proposed "Findings
of Fact, Conclusions of Law, Rulings, Decision and Order' on September
9, 1985. See Exhibit "A" appended to this Order. That
proposed decision was properly served on Respondents. They filed
no exceptions, but Complainant King did. King asserted that the
$250.00 awarded by the hearing officer for emotional distress
was too little. The Civil Rights Commission agreed with King.
On November 18, 1985, the Commission adopted virtually all of
the hearing officer's proposed decision as its final decision,
but increased the emotional distress damages. Again, Respondents
were properly notified. They took no appeal.
The Commission's final decision
provided for the following remedial action:
IT IS HEREBY ORDERED that
named Respondents shall cease and desist from discriminatory and
unfair practices against black persons in any public accommodations
which they own, manage or of which they are employees in the State
of Iowa.
IT IS FURTHER ORDERED that in any such public accommodations they shall place notices in conspicuous places in a form prescribed by the Commission.
* * *
Respondents Alice Long and
Charles Manes shall each pay to Leon King the amount of $3,000.00
for emotional distress damages.
Respondents were also ordered
to pay punitive damages, but the Commission recognizes that punitive
damages are not within the scope of remedies available to it and,
accordingly, the Commission does not seek enforcement of the punitive
damages award here.
On May 19, 1986, the Civil Rights Commission filed the present enforcement petition.
The parties stipulate that Leon King died August 8, 1986.
1. Respondents first assert
the death of complainant Leon King prevents the Civil Rights Commission
from seeking enforcement of its final order.
Respondents cite no authority
for that proposition and the court concludes it is incorrect.
This enforcement action survives King's death. Iowa Code Section
611.20; see also, Iowa Code Section 626.103. Moreover, the position
espoused by Respondent's would gut Chapter 601A of its enforcement
provisions in the most flagrant and egregious civil rights discrimination
cases; for example, if a black person were murdered by members
of a racist organization.
2. Respondents next contend
they "were not afforded a proper opportunity to be heard
or to resist the exceptions filed by the Commission to the Hearing
Officer's proposed decision."
The record shows Respondents
were given proper notice at all stages of the agency proceedings.
They were afforded every opportunity to be heard. They apparently
chose not to contest the hearing officer's proposed decision,
not to respond to complainant's exceptions, and not to appeal
the Commission's final order.
3. Finally, Respondents
contend "the record does not substantiate or justify"
the Civil Rights Commissions's finding that Charles Manes had
"any interest in the Get-Away Lounge within the meaning of
the Applicable Statute." Both the hearing officer and the
Commission specifically found that Manes was manager of the Get-Away
Lounge, a public accommodation.
The doctrine of issue preclusion
forecloses Respondents from relitigating this issue. Respondents
took no exception to the hearing officer's proposed finding that
Manes managed the GetAway Lounge and took no appeal from the Commission's
final order adopting that finding. The finding has been finally
adjudicated.
Even if that were not the case, Respondents' contention is meritless The court has reviewed the hearing record. It finds the Commission properly allocated the burden of proof pursuant to Iowa Code Section 601A. 15(7) and that the Commission's findings are *supported by substantial evidence in the record made before the [Commission] when that record is viewed as a whole."
ORDER
The court concludes pursuant to Iowa Code Section 601A. 17 that the final order entered November 18, 1987, by Petitioner Iowa Civil Rights Commission in the contested case of Leon King v. Get-Away Lounge. Alice Lone. and Charles Manes, CP# 03-81-7556, should be modified by striking the provision for payment of punitive damages. The court further concludes that final order shall be enforced in every other particular. Costs shall be taxed to Respondents jointly and severally.
IT IS SO ORDERED.
Dated and signed this 15th day of December, 1987.
Judge of the Iowa District Court Eighth Judicial District
Clerk to distribute copies to:
Counsel of record.