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Judge holds Iowa Department of Corrections in contempt for violating order • Iowa Capital Dispatch

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Judge holds Iowa Department of Corrections in contempt for violating order • Iowa Capital Dispatch


Remarking that it’s not feasible to jail the Iowa Department of Corrections for deliberately violating a court order, a Polk County judge has fined the agency $1,500 for contempt of court.

The penalty stems from a lawsuit that 13 prison inmates, then housed at Anamosa State Penitentiary, filed against the Iowa Department of Corrections in 2018. The inmates alleged the DOC was violating their constitutional rights by denying them access to magazines or other materials with nudity or sexually explicit content.

The lawsuit was triggered by the Iowa Legislature’s 2018 revision of the state law that restricts inmate access to adult content. After the 2018 revisions, the law barred any commercially published material that contained not only sexually explicit content, but also nudity.

A judge in the case concluded the law and the DOC policies that sprang from it were potentially too broad and could infringe on the inmates’ First Amendment rights. The court issued an injunction that stated the DOC “shall not prevent the distribution of materials to (the plaintiffs) and other inmates similarly situated that features mere non-sexually explicit nudity.”

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In 2022, with the injunction still in place, one of the plaintiffs sought to hold the DOC in contempt of court, alleging the department was violating the 2019 order by denying his request to purchase lingerie magazines. The inmate later testified that he had filed a complaint with the Iowa Office of Ombudsman on the issue. Court exhibits show that in October 2020, the ombudsman’s office told the inmate it questioned the DOC’s “dubious interpretation and application of the court injunction” — indicating the DOC had been put on notice that it was violating the court order.

At around that same time, another plaintiff complained the DOC had taken away his copy of Sports Illustrated’s swimsuit issue – a magazine that’s commonly available at grocery stores and other mass-market retailers.

During the trial, Dee Radeke, an inmate and prison librarian, testified that after the Legislature amended the law in 2018, a prison security director asked him to pull from circulation any pictures of pin-up girls, graphic novels or novels containing strong sexual content such as “Shades of Grey.”

DOC Executive Officer Rebecca Bowker testified that she followed the court’s order “to a T,” but also testified that she wasn’t sure whether she had even seen the order. In addition, Bowker testified that she believed DOC policy prohibited photos of women in thong bikinis on the grounds that woman’s genitalia would not be “substantially” covered.

The inmates lost their case, with Polk County District Court Judge Jeffrey Farrell concluding they did not have a First Amendment right to possess materials containing nudity.  Farrell then turned to the issue of whether the DOC had violated the 2019 injunction while the case was still pending.

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The DOC, Farrell concluded, had “violated this order in multiple ways,” in part by amending its own policies in 2022 – long after the inmates had sued and the injunction was issued – in a way that more explicitly barred any materials that included nudity.

“The injunction had been in place for three years at the time DOC changed its policy in 2022,” Farrell noted. “This action shows DOC acted willfully in denying nude content despite the injunction. The DOC denied (one plaintiff’s) request for three editions of Playboy that had been approved under the prior policy.”

Because there were three separate magazines the inmate was denied, Farrell found there were three separate instances of contempt. In determining what sanctions to impose against the DOC, the judge observed it “does not consider jail as a real option, even though there is no excuse for DOC’s failure to comply with the order. DOC as an entity understood the injunction. Still, it amended its policy to ban materials containing nudity and Executive Officer Bowker personally denied some materials containing nudity.”

Adding there was no single individual who could or should be jailed as a result of the “institutional” violations of the court’s order, Farrell imposed the maximum $500 penalty for each of the three violations.

Farrell wrote that he considered awarding the $1,500 to the inmate who pursued the contempt action “so he could receive some remuneration for the unlawful denial of the publications he requested.” The law, however, stipulates the fines are punitive in nature, Farrell noted, and are intended for “the benefit of the state” – the same entity that will be paying the fine.

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The Department of Corrections did not immediately respond to requests for comment. Last week, the inmates filed a motion for a new trial as well as an appeal of Farrell’s decision.

Editor’s note: Reporter Clark Kauffman worked for the Iowa Office of Ombudsman from October 2018 through November 2019. 



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Zach Lahn projected to win Iowa GOP governor primary, upsetting Trump’s pick in a state Democrats hope to flip

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Zach Lahn projected to win Iowa GOP governor primary, upsetting Trump’s pick in a state Democrats hope to flip


Zach Lahn will win the Republican primary for Iowa governor, CBS News projects, overcoming a Trump-backed congressman and setting up a November contest against Democrat Rob Sand that could be one of this year’s most competitive gubernatorial races.

Lahn — a farmer and businessman who has touted his ties to the “Make America Healthy Again” movement — prevailed over a crowded GOP field on Tuesday. Sand, who serves as state auditor, ran for the Democratic nomination unopposed.

His victory bucks the recent winning streak of Trump-backed candidates and marks an upset over Rep. Randy Feenstra, who didn’t attend any primary debates and was viewed by many observers as a frontrunner. President Trump endorsed Feenstra last week, calling him “MAGA all the way,” and several top Iowa GOP figures backed him. 

Feenstra conceded late Tuesday night, saying in a speech surrounded by his family that the outcome “wasn’t what I wanted.” 

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Describing himself as a sixth-generation Iowan, Lahn owns a family farm and runs the agriculture, real estate and technology investment firm Homeplace Ventures. He previously worked for the conservative group Americans for Prosperity. He’s running on a populist-inflected platform that he branded “Iowa First” and has said he wants to boost local ownership of farmland, stem the flow of younger Iowans out of the state and address Iowa’s high cancer rate.

“I fear every day we are losing the Iowa we love,” Lahn said in his victory speech Tuesday, castigating out-of-state investors that he says “treat Iowa land like it’s a commodity instead of our inheritance.”

Lahn was endorsed last year by MAHA Action, a group founded by allies of Health and Human Services Secretary Robert F. Kennedy Jr., and he picked up support from the late Charlie Kirk’s Turning Point Action last week. He was also endorsed by former Rep. Steve King, who was known for incendiary comments about race before Feenstra ousted him in a 2020 primary.

Three other candidates also ran: former Iowa Department of Administrative Services Director Adam Steen, state Rep. Eddie Andrews and former state Rep. Brad Sherman.

Lahn will now face Sand, a two-term state auditor who defeated a GOP incumbent in 2018 after working in the state attorney general’s office.

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Sand has focused his campaign on government accountability and faulted Republicans for the state’s economic issues, while pitching universal pre-K and criticizing a school voucher program introduced by GOP officials. He has also sought to cultivate a moderate image on social issues, as Republicans try to cast him as a liberal in centrist’s clothing.

In a campaign video late Tuesday, Sand said Republican voters are “welcome in this campaign,” adding that the state’s political system is “broken” and “all you would get with Zach Lahn it is more of the same.”

Once considered a swing state, Iowa has trended sharply red in recent years as Democrats increasingly struggle on rural Midwestern terrain. Mr. Trump won the state three times in a row, including by a 13-point margin in 2024, and GOP Gov. Kim Reynolds won reelection by 18 points four years ago. Iowa hasn’t elected a Democratic governor in two decades, and Sand is the only statewide elected Democrat, after he won reelection by fewer than 3,000 votes in 2022.

But Democrats are hopeful that a challenging political environment for Republicans, both nationally and in Iowa, could make them more competitive in the midwestern state. The Cook Political Report has rated the Iowa gubernatorial race a tossup, one of five states with that distinction this year, and the University of Virginia’s Center for Politics says the race leans red.

Reynolds — who has led the state since 2017 — has one of the lowest approval ratings of any governor nationwide. Iowa farmers also struggled last year after the trade war with China caused Beijing to cut American soybean imports, pushing down prices of one of Iowa’s most widely grown crops, and the war with Iran has caused a run-up in fuel and fertilizer prices.

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Reynolds declined to run for reelection this year, setting up Iowa’s first gubernatorial election without an incumbent in the race since 2006.

Lahn lent his campaign $2 million last year, but is heading into the general election at a fundraising disadvantage. His campaign had just over $700,000 on hand as of mid-May, compared to nearly $18.3 million for the Sand campaign. Sand’s wife runs a sizable food and health products company founded by her family called the Lauridsen Group, and the Democrat’s campaign coffers have been bolstered by millions in contributions from his in-laws.

Sand raised about $9.7 million between the start of the year and mid-May, just over $3 million of which came from members of his wife’s family. Lahn raised just under $1 million.

Beyond the governor’s race, Iowa also has an open Senate contest after Ernst declined to seek reelection, drawing interest from Democrats, though Republicans likely have a sizable edge. Democrats are also heavily targeting two of Iowa’s four House seats, including the 1st District, where incumbent GOP Rep. Mariannette Miller-Meeks won by fewer than 1,000 votes in 2024.

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Elections live updates: Key races to watch in California, Iowa, Montana and New Jersey primaries

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Elections live updates: Key races to watch in California, Iowa, Montana and New Jersey primaries


Live Coverage

In California, competition is fierce for the gubernatorial and Los Angeles mayoral nominations. Iowa, Montana and New Jersey have open U.S. Senate seats. In New Jersey, a silent congressman could lose his House seat.

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Iowa joins wave of states forcing porn sites to verify users’ ages

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Iowa joins wave of states forcing porn sites to verify users’ ages



Beginning July 1, Iowans must verify they are adults to access porn websites.

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Iowa will require porn websites to verify users are at least 18 under a new law signed by Gov. Kim Reynolds. 

The Hawkeye State joins at least 25 other states, including Kansas and Nebraska, in requiring age verification for adult content in an effort to prevent minors from accessing it. 

House File 864 is modeled after a Texas age verification law the U.S. Supreme Court upheld in a 6-3 decision in June. The measure will apply to websites or apps if at least one-third of their content is pornographic. 

Beginning July 1, the law will require the websites to verify a user’s age using government-issued identification, financial documents or other documents that are “reliable proxies for age.” Age verification may also be performed by third parties or through any “commercially reasonable and reliable method.” 

The law states websites and third parties “shall not retain, sell, lease or otherwise disseminate any identifying information of an individual subject to reasonable age verification unless retention or dissemination of the identifying information is required by law or a court order.” 

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It also requires third parties and websites to use “reasonable methods given the person’s scope of business to secure all data collected and transmitted” during the age verification process.  

Under the new law, Iowa’s attorney general can sue companies in violation of the law. Violators could face fines up to $1,000 for each time an individual accesses a site in violation of the law. Civil penalties for providers are capped at $10,000 per day.

Iowa Senate lawmakers unanimously approved the measure while the House advanced it 82-2.

Rapid Response Politics Reporter Maya Marchel Hoff can be reached at mmarchelHoff@usatodayco.com. You can find her on X (formerly Twitter) at @mmarchelhoff.

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