UPDATE: The council approved the ordinance by 5 votes to 2, with Mayor Frank Cownie, Connie Boesen, Chris Coleman, Bill Gray, and Josh Mandelbaum voting yes. Joe Gatto and Linda Westergaard opposed the ordinance.

Sheila Knoploh-Odole is an attorney and local sustainability consultant who served on the advisory committee for the Des Moines Energy Policy Task Force. -promoted by Laura Belin

With a surprising vote of 7-0, the Des Moines City Council voted on April 22 (Earth Day) to advance a proposed ordinance for energy- and water-use benchmarking in buildings over 25,000 square feet throughout the City. On Monday, June 3, they will take the final vote to make this ordinance city policy.

By measuring the energy and water use of large buildings, Des Moines is poised to address its goal of lowering citywide greenhouse gas emissions 28 percent by 2025. This ordinance won’t cover the entire goal, but will put the city on a path of reducing up to 16 percent overall – IF certain unpopular parts of the ordinance are maintained.

Ed Fallon reacts to the Iowa Supreme Court’s determination that the use of eminent domain to build the Dakota Access pipeline was lawful and did not violate the state constitution. The file containing the majority opinion and dissents is enclosed at the end of this post. Landowners and the Sierra Club Iowa chapter had challenged the taking. -promoted by Laura Belin

For those of us who have fought Energy Transfer Partners (ETP) and the Dakota Access Pipeline (DAPL) for nearly five years, May 31 was a sad day. That morning, the Iowa Supreme Court ruled that ETP had the right to forcibly take Iowans’ land for an export crude oil pipeline.

After another foul ball causes a serious injury, Ira Lacher reflects on Major League Baseball’s failure to insist on more protective netting at ballparks. -promoted by Laura Belin

“The holder of this ticket assumes all risks and danger incidental to the game of baseball…”

This disclaimer, or a variation of it, is known as the Baseball Rule. It is printed on every ticket to all major-league and most minor-league baseball contests. It is intended primarily as legal protection for the ballclubs, an agreement that if a fan is injured by a thrown bat or thrown or batted ball, they can’t sue the club for damages. It’s classic buyer beware, and it has governed attendance at baseball games for generations.

But that era may be entering the late innings.

Two Iowa state agencies announced on May 31 an intent to award Planned Parenthood of the Heartland sex education grants for the fiscal year beginning on July 1.

Republican lawmakers approved and Governor Kim Reynolds signed legislation seeking to deny Planned Parenthood access to the federally-funded Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) grants. However, a Polk County District Court put that provision on hold this week, saying Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution.

Chris Jones is a research engineer (IIHR-Hydroscience and Engineering) at the University of Iowa. An earlier version of this post was first published at the author’s blog. -promoted by Laura Belin

You might recall a recent post assessed the amount of public land Iowa has relative to other states. Iowa is 8th-lowest of the states in the total amount of public land and 3rd-lowest in the percentage of our land area that is in public hands. This made me wonder about water, specifically, how much water we have relative to other states.

Bruce Lear floats ideas on how to start repairing the damage from Iowa’s 2017 collective bargaining law, a “devastating step back in time” for public sector employees. -promoted by Laura Belin

It was a time of bell bottoms, shiny shirts, and men with shoulder-length hair. Disco was born, and Vietnam escalated. Nixon visited China; Americans loved the tv shows All in the Family, M*A*S*H, and Sanford and Son. It was America prior to 1974.

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

Although Bleeding Heartland’s wildflowers series has mostly featured native plants, I rarely feel hostile toward flowering plants that don’t belong in Iowa. Some of these naturalized species, like chicory and moth mullein, tend to stick to disturbed ground. Dame’s rocket can be invasive, but at least it is pretty and serves a lot of pollinators.

I can’t muster the slightest bit of sympathy for garlic mustard (Alliaria petiolata), though.

A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Ed Fallon continues to examine where the Democratic presidential candidates stand on climate change. -promoted by Laura Belin

Six Bold Iowa Climate Bird Dogs arrived at Beto O’Rourke’s CNN town hall in Des Moines last week with great expectations. O’Rourke had just released a climate plan that generated much excitement. He talked about climate during his recent Iowa tour, and the plan is featured prominently on his website.

One Iowa Action: “We should not be encouraging half-measures and disparate treatment of our fellow Iowans.” -promoted by Laura Belin

Des Moines Register Opinion Editor Kathie Obradovich’s recent column sets out a laudable goal; protecting both religious liberty and the LGBTQ community (What if Iowa could protect both religious freedom and LGBTQ rights?).

Unfortunately, the substance of the piece misses the mark by pulling from erroneous source material that equates Utah and Iowa, two states with very different legal and political landscapes. In doing so Obradovich implies, perhaps unintentionally, that LGBTQ Iowans need to start from a place of compromise when their rights and freedoms are threatened.

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

President Donald Trump reportedly considered pardoning Americans accused or convicted of war crimes on this Memorial Day. Fox News personalities, not military officials, have pushed for the pardons, which “could erode the legitimacy of military law and undercut good order and discipline in the ranks.”

Former Assistant U.S. Attorney Glenn Kirschner wrote, “These contemplated pardons represent a degradation — not a celebration — of Memorial Day.” Presidential candidate Pete Buttigieg, who served in Afghanistan, commented that Trump’s “idea that being sent to fight makes you automatically into some kind of war criminal is a slander against veterans.”

Since Memorial Day (first known as Decoration Day) is supposed to be about honoring Americans who died during military service, let’s take a moment to consider those soldiers.

Iowans awaiting federal flood relief money will have to wait a little longer.

Congressional leaders thought they had a deal to approve $19.1 billion in disaster aid before the Memorial Day recess. The U.S. Senate passed the bill on May 23 by 85 votes to 8. (Senators Chuck Grassley and Joni Ernst both supported the measure and said they’d worked to secure “specific relief for farmers whose grain bins busted because of flooding.”) President Donald Trump was willing to sign the legislation. House passage seemed assured, so most representatives left town for the holiday weekend.

Then a first-term Republican from Texas used a procedural move to hold up the bill on May 24. While most of the blame lies with U.S. Representative Chip Roy and the GOP leaders who failed to dissuade him, top House Democrats should not have put themselves at the mercy of any member of the minority.

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.

Nick Miller announced his candidacy in Iowa House district 19 at a May 23 event in his home town of Polk City. The fifth-generation Iowan, who is also a small business owner and Drake University student, would face House Majority Leader Chris Hagenow in the general election if he becomes the Democratic nominee. Miller said his campaign will be grounded in the principles of “Investing, Educating, and Sustaining.”

I want to represent all working families and Iowans; I want to represent a new generation of Iowans; and, I want be a voice for the voiceless and will stand up and fight for what is right.

Although I didn’t include this district in my overview of potentially competitive state House races, I’ll be watching this campaign for a couple of reasons.

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

Tyler Mills is a Democrat in Keokuk (Lee County). -promoted by Laura Belin

John Hickenlooper is the voice the country needs right now. His bid for the Democratic nomination for president will move us forward, particularly when it comes to a policy discussion. His accomplishments as governor of Colorado from 2011 to 2019 are quite impressive.

More than six dozen prominent Democrats endorsed former State Senator Rita Hart’s campaign for U.S. House on May 22. The list enclosed in full below includes activists from each of the 24 counties in Iowa’s second Congressional district. The best-known endorsers are former Iowa Lieutenant Governor and Secretary of Agriculture Patty Judge, former Iowa Democratic Party chair Sue Dvorsky, and twenty current or former state lawmakers.

Hart was already the clear favorite to win the nomination. She appears increasingly unlikely to face serious competition from the left in the Democratic primary. Iowa City business owner Veronica Tessler ruled out the race earlier this month. Former Bernie Sanders national delegate Daniel Clark, who ran in IA-02 as an independent last year, is now backing Hart. Johnson County progressives on the new list of Hart endorsers include State Senators Joe Bolkcom and Zach Wahls and State Representatives Mary Mascher and Amy Nielsen.

Scott County Supervisor Ken Croken is still considering a Congressional bid, he told Bleeding Heartland in a May 23 telephone interview. Croken said he and his team are collecting information about potential Republican candidates with a view to deciding who would be the best person to keep IA-02 in Democratic hands. He said the long list of Hart endorsers won’t affect his decision, which he will announce sometime after Memorial Day.

Hart’s news release mentioned eleven high-profile Scott County Democrats, including State Representatives Monica Kurth and Phyllis Thede, State Senator Jim Lykam, former Davenport Mayors Bill Gluba and Thom Hart, and former state lawmaker Frank Wood. Croken’s past contributions to some local Republican candidates would also be a problem in a primary race.

Speaking of Democrats in the Quad Cities area, Davenport attorney Ian Russell has ruled out running for Congress next year, he told Bleeding Heartland by phone on May 22. Russell said he talked to Hart about a week ago and “told her she’s going to be a very good candidate for the second district and that I’d support her.”

Bleeding Heartland’s wildflower series might never have existed if not for this week’s featured plant. In May 2009, Elizabeth Hill took my family on a nature hike at Whiterock Conservancy and pointed out lots of spring flowers in bloom. On the way home, I asked my kids what their favorite part of the visit was. My three-and-a-half year old said “those Jack flowers.”

Jack-in-the-pulpits were among the few native plants I could identify at that time. My son was excited to learn we had some growing near our Windsor Heights home. That spring and summer, we started looking more closely at the wildflowers in our neighborhood and along local bike trails. Over the next several years, he and I learned the names of more flowers we saw on our walks.

When I launched Iowa wildflower Wednesday in 2012, I didn’t realize this hobby would eventually occupy so much of my time. While I enjoy learning to identify new plants every year, there is a special place in my heart for the ones I could pick out as a child.