City leaders in Essex, a town of about 722 people, ignored warnings about the First Amendment when they prevented local LGBTQ residents from participating in the town’s Labor Day parade on September 4.

Shenandoah Pride represents LGBTQ people in several towns in southwest Iowa’s Page County. The group had signed up months ago to participate in the Essex Labor Day parade, a longstanding community event. Local drag performer Cherry Peaks was going to ride in a convertible and wave. But Essex Mayor Calvin Kinney emailed Peaks on August 31 to say,

Out of concern for the safety of the public and that of Essex Labor Day parade participants, the City of Essex has determined not to allow parade participants geared toward the promotion of, or opposition to, the politically charged topic of gender and/or sexual identification/orientation.

This parade will not be used for and will not allow sexual identification or sexual orientation agendas for, or against, to be promoted.

The Essex City Council held a special meeting on September 1 to discuss the matter but did not reverse the decision. Jack Dura of the Associated Press reported that the city council didn’t vote on the mayor’s action: “Council Member Heather Thornton, who disagreed with the move, said ‘it was the mayor himself,’ and added she was told he had the authority and didn’t need a council vote.”

“I DON’T EXPECT A CITY COUNCIL TO MAKE THAT DECISION ON MY BEHALF”

Jessa Bears, a member of Shenandoah Pride, challenged the pretext for the city’s action in a September 2 Facebook post. She noted that the mayor repeatedly invoked “safety” at the meeting, but “no one on the Shenandoah pride team has seen or heard about the threats” from what he described as an opposition group. Bears wondered why the alleged safety threats weren’t “being addressed appropriately,” and why leaders were “protecting the identities of the people or group” said to be making the threats.

She also noted,

I think any queer person in southwest Iowa understands the risk they run when they choose to be openly queer in this community. We know there’s a danger, safety has been a part of every discussion in Shen Pride before we go out in public. I believe I’m responsible for making decisions about my own personal safety, I don’t expect a city council to make that decision on my behalf just because I’m gay.

Bears told reporter Jessica Perez of KETV in Omaha that the goal of being part of the parade was “visibility,” showing others that LGBTQ people live, work, and go to school in the community. Peaks told KETV, “It feels like they’re trying to shove us back in the closet,” adding that while it’s a common “misconception” to think gay people are only in big cities, members of Shenandoah Pride live less than ten miles from Essex.

It’s cowardly for people with power to prevent a marginalized group from joining a community event, especially while claiming to do it for their own protection. But in this case, the city’s action wasn’t merely spineless—it was unconstitutional.

A “CLEAR VIOLATION OF THE FIRST AMENDMENT”

Sharon Wegner, an attorney for the ACLU of Iowa, wrote to the Essex mayor and city attorney Mahlon Sorensen on September 2, urging them to respect the constitution by changing course. The letter (enclosed in full below) indicated that when the organization contacted Sorensen to warn him about “the impending infringement on the rights of Shenandoah Pride,”

You confirmed for us that there was no credible security threat of which you were aware, let alone one justifying the prohibition made by Mayor Kinney, but, nevertheless, told us that the City would not change its position and would prohibit Shenandoah Pride from participating in the parade.

Wegner explained that the First Amendment to the U.S. Constitution and Article I, Section 7 of Iowa’s constitution “protect and secure the right of organizations like Shenandoah Pride to express their views in public forums such as the Labor Day Parade.” Government bodies and officials can’t infringe on that right based on the content of a message or the viewpoints expressed.

It is obvious from Mayor Kinney’s email that the City1 is prohibiting Shenandoah Pride from participating in the Labor Day Parade because it disagrees with its position on the rights of LGBTQ+ persons. That the policy purports to apply equally to groups in “opposition to . . . gender and/or sexual identification/orientation” does not render it neutral, particularly, though not only, because there is no such opposition group that has requested to participate in the Parade.

The ACLU warned that failing to allow Shenandoah Pride to join the Essex Labor Day parade would “violate the rights of its citizens, potentially expose it to substantial liability, and be an injustice to the constitutional rights of every person and every group to participate in its public events.”

Mayor Kinney did not respond to Bleeding Heartland’s email over the weekend, or to messages KETV’s Perez sent on multiple platforms.

ACLU of Iowa executive director Mark Stringer said in a September 2 news release, “City leaders cannot ban participants from a government-sponsored parade just because they don’t like their viewpoint. It is a clear violation of the First Amendment and each person’s right to free speech and free expression in a public space. This action also sadly fails to acknowledge the many contributions of LGBTQ community members in our Iowa communities, large and small.”

Bears told Perez she wants the city of Essex to apologize to Shenandoah Pride, which she described as “a ragtag group of gay people that just wanted to walk in the damn parade.”

Disclosure: The ACLU of Iowa represented Laura Belin and other plaintiffs in an open records lawsuit against the governor’s office, which was settled in June 2023. That litigation is unrelated to the topic of this article.

Appendix: Full text of September 2 letter from the ACLU of Iowa to Essex leaders

Top photo of a protester holding a sign outside the Iowa state capitol on March 5, 2023 is by Michael F. Hiatt and available via Shutterstock.

Iowans face more threats to their reproductive freedom now than at any time in the past 50 years.

After Governor Kim Reynolds signs House File 732 on July 14, restrictions that would prohibit an estimated 98 percent of abortions will go into effect immediately. Planned Parenthood of the Heartland, the Emma Goldman Clinic, and the ACLU of Iowa have already filed a lawsuit, but there is no guarantee courts will block the law temporarily or permanently, once the case reaches the Iowa Supreme Court.

During a large rally at the capitol on July 11, many pro-choice advocates chanted “Vote them out!” State Senator Sarah Trone Garriott recalled that being present when Iowa Republicans approved a near-total abortion ban in 2018 inspired her to run for office. Organizing and volunteering for candidates who will defend reproductive rights will clearly be an essential task. And if Iowa Republican lawmakers put a constitutional amendment about abortion on the ballot next year, we’ll need all hands on deck to defeat it.

That said, you don’t need to wait until 2024 to help others avoid being forced to continue a pregnancy. So I’m updating this post with some concrete steps people can take today—or any day—to preserve abortion access in Iowa.

Jay Waagmeester is an intern at Iowa Capital Dispatch, where this article first appeared.

The American Civil Liberties Union of Iowa says city ordinances that restrict performances by “male or female impersonators” are unconstitutional.

The ACLU of Iowa is encouraging multiple cities in the state to change zoning ordinances restricting such shows—including drag performances—at businesses. Some cities have taken action, while others remain in violation of the Constitution, according to the ACLU.

Laws in several Iowa cities require businesses featuring “male or female impersonators” to be zoned as an adult entertainment or an adult cabaret business. 

Three cities in Iowa—Dyersville, Pella, and Waukee—have received notice from the ACLU advising them to alter their municipal ordinances so they avoid placing zoning restriction on businesses that feature female and male impersonators. 

Disclosure: The ACLU of Iowa is representing Laura Belin and other plaintiffs in an open records lawsuit now pending in Polk County District Court. That case is unrelated to the litigation discussed here.

“We are celebrating today,” said the ACLU of Iowa’s legal director Rita Bettis Austen during a May 12 news conference to discuss the Iowa Supreme Court’s latest decision in a transgender rights case.

In Vasquez and Covington v. Iowa Department of Human Services, the court dismissed as moot the state’s appeal of a lower court ruling, which had found a 2019 law and related administrative rule to be unconstitutional. The result means the state cannot enforce a regulation barring Medicaid coverage for Iowans who need gender-affirming surgery.

Bettis Austen told reporters, “The importance of this truly cannot be overstated,” adding that “Transgender Iowans on Medicaid can continue to receive the coverage for life-saving gender-affirming care, that they desperately need.” Plaintiffs Aiden Vasquez and Mika Covington fought for nearly four years to obtain this outcome and can feel proud of making history for trans Iowans.

However, other aspects of the court’s unanimous decision, authored by Justice Thomas Waterman, raise questions about how Iowa’s high court may approach future challenges to state laws or policies designed to discriminate against transgender people.

The Iowa Supreme Court has allowed an open records lawsuit against Governor Kim Reynolds to proceed. In a unanimous decision authored by Justice David May, the court said concerns about executive privilege or non-justiciable political questions did not prevent plaintiffs from pursuing a claim that the governor’s office violated the open records law, known as Iowa Code Chapter 22, by failing to provide public records in a timely manner.

The court also confirmed that government officials and entities cannot sidestep the law’s requirements by ignoring records requests for an extended period. In addition, the decision clarified that electronic records (like other kinds of public records) must be produced within a reasonable time frame.

The Iowa Attorney General’s office is not currently covering the cost of emergency contraception or abortions for Iowans who are victims of rape or sexual assault, Natalie Krebs reported for Iowa Public Radio on April 7.

Iowa law requires the state’s victim compensation fund to pay for a sexual assault victim’s medical examination “for the purpose of gathering evidence,” as well as any treatment “for the purpose of preventing venereal disease.” Under longtime Attorney General Tom Miller, that fund also covered the cost of abortion services or Plan B, medication that prevents ovulation and therefore pregnancy if administered soon enough following unprotected sex.

In a statement provided to Iowa Public Radio, spokesperson Alyssa Brouillet said Attorney General Brenna Bird “is carefully evaluating whether this is an appropriate use of public funds” as part of a broader review of victim assistance programs. Payment of “pending claims will be delayed” until Bird completes her review.