BEFORE THE IOWA CIVIL RIGHTS COMMISSION

CONNIE ZESCH- LUENSE, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

vs.

ROBERT PLILEY and the CHICKEN HOUSE, Respondents.

CP # 05-88-17707

RULINGS ON OBJECTIONS:

1. The complainant objected to Respondent's Exhibit # 1 on the grounds that it is irrelevant and immaterial. This purports to be a list of "People Barred From Chicken House" because of drinking problems. (R. EX. # 1; Tr. at 146-48). This list does not state the race or any other information about the persons listed.

2. This exhibit is relevant as it tends to "make the existence of [a] fact of consequence to the determination of the [contested case] more or less probable than it would be without such evidence. Iowa R. Evid. 401 (definition of relevant evidence). This fact is whether it was Respondent's practice to deny service to those who had problems with their drinking at the bar. The exhibit is also material as it is pertinent to the that issue. BLACK'S LAW DICTIONARY 881 (5th ed. 1979)(citing Vine Street Corp. v. City of Council Bluffs, Iowa, 220 N.W.2d 860, 863 (definition of "material evidence."). The objection is overruled. The list's failure to indicate the race of these individuals reflects its weight, not its admissibility.