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Close Up: Polk County water quality, drag show ordinances

Close Up: Polk County water quality, drag show ordinances
CLOSE UP POLK COUNTY WATER QUALITY. THE TWO YEAR PROJECT UNDERWAY. FOR AN IN-DEPTH LOOK AT THE DES MOINES AND RACCOON RIVERS AND DRAG SHOW ORDINANCES, WHY THE ACLU WANTS CITIES TO STOP CLASSIFYING THEM AS ADULT ENTERTAINMENT AND HEAR WHY SENATOR LINDSEY GRAHAM WAS IN DES MOINES LAST WEEK PUSHING FOR FEDERAL ABORTION LIMITS. THIS IS IOWA’S NEWS LEADER. THIS IS KCCI EIGHT NEWS. CLOSE UP. GOOD MORNING AND WELCOME TO CLOSE UP. I’M KCCI CHIEF POLITICAL REPORTER AMANDA ROOKER BADGER POLK COUNTY LAUNCHED A TWO YEAR STUDY LAST MARCH ASSESSING HOW TO IMPROVE THE COUNTY’S TWO MAJOR SOURCES OF WATER. THE RACCOON AND THE DES MOINES RIVERS. JOINING ME NOW IS PROJECT LEADER JENNIFER TERRY AND POLK COUNTY ADMINISTRATOR JOHN NORRIS. THANKS SO MUCH FOR JOINING US TODAY. GREAT TO BE WITH YOU. WELL, TALKING ABOUT THIS PROJECT, YOU WALK ME THROUGH, WHAT ARE WHAT ARE THE GOALS OF THIS? WHAT ARE YOU HOPING TO LEARN FROM THIS PROJECT? WELL, THE PROJECT IS PART OF OUR POLK COUNTY’S LARGER INVESTMENT IN WATER QUALITY WITH A NUMBER WITH A NUMBER OF LOCAL REMEDIAL EFFORTS FOR WATER QUALITY, LIKE EXPANDING WETLANDS, DOING OUR BATCH AND BUILD AND SATURATED BUFFER PROGRAMS AND OUR COVER CROP PROGRAM. THIS SPECIFIC PROJECT REALLY IS GEARED TOWARDS IDENTIFYING WHAT’S IN OUR WATER. WHERE DOES IT COME FROM AND WHAT DO WE DO ABOUT IT. AND THAT’S WHY WE BROUGHT JENNIFER ON TO TO BE THE LEAD ON ON PULLING A TEAM TOGETHER TO REALLY HELP CENTRAL IOWANS KNOW WHAT’S IN THEIR WATER. IT IS THE DRINKING SOURCE FOR OVER 600,000 PEOPLE, THE DES MOINES AND RACCOON RIVERS AND THE INVESTMENT WE’RE MAKING IN RECREATION ON THESE WATER AND THE WATER TRAILS IN CENTRAL IOWA. WE WANT TO MAKE SURE THE PUBLIC’S CONFIDENT IN THE SAFETY OF THE WATER SUPPLY. JENNIFER, WALK ME THROUGH WHAT ARE THE SPECIFICS? WHAT ARE THE THINGS THAT THIS PROJECT IS GOING TO ENTAIL? SURE. THANK YOU. FIRST THING FIRST WAS TO ASSEMBLE A TEAM OF SCIENTISTS AND SO WE HAVE 14 SCIENTIFIC RESEARCHERS WHO ARE EXPERTS IN RIVER QUALITY AND WATER SYSTEMS IN IOWA. AND SO THEY’RE GOING TO EMBARK ON IDENTIFYING WHAT WE KNOW IS IN THE TWO RIVERS RIGHT NOW BASED UPON SCIENTIFIC DATA. SO WE WANT TO KNOW WHAT POLLUTANTS OF CONCERN ARE IN THE TWO RIVERS THAT WE SHOULD BE CONCERNED ABOUT IN TERMS OF INFRASTRUCTURE AND INVESTMENT DOWNTOWN ON THE WATER TRAILS OR IF WE’RE DRINKING WATER SOURCES IS OR FOR PUBLIC BEACHES. AND SO ON. SO THEY WILL OVER THE NEXT YEAR AND A HALF, BE PUTTING TOGETHER A SCIENTIFIC ASSESSMENT OF WHAT WE KNOW IS IN THE RIVERS THAT CONCERNS US. WHAT WE DON’T KNOW ENOUGH ABOUT THAT’S IN THE RIVERS THAT WE MIGHT WANT TO INVESTIGATE MORE. AND THEN THEY’RE ALSO GOING TO COME UP WITH A ROAD LIKE A MAP, A SORT OF A ROAD MAP OF HOW WE CAN RESTORE AND PROTECT OUR TWO RIVERS. SO IT’S GOING TO BE A REALLY USEFUL DOCUMENT IN THE END IN WHICH PEOPLE WHO ARE CONSERVATION AGRONOMISTS OR URBAN PLANNERS OR PEOPLE WHO WORK IN THE WATERSHEDS CAN UNDERSTAND HOW BEST TO USE THOSE MONIES TO PROTECT THE RIVERS. LOOKING AT WHAT WE KNOW RIGHT NOW, WHAT IS THE LEVEL OF CONCERN TO A SAFE DRINKING WATER FOR PEOPLE THAT LIVE IN POLK COUNTY BASED ON THE CURRENT POLLUTANTS THAT ARE IN POLK COUNTY? WATER WELL, I’LL HANDLE THE TECHNICAL SIDE OF THAT, BUT I WILL SAY THAT WE’RE IN THE PROCESS RIGHT NOW OF PLANNING A WATER TABLE DISCUSSION BECAUSE THERE’S A REAL THREAT TO HAVING TO SHUT DOWN OUR WATER SUPPLY, EITHER BECAUSE OF DROUGHT CONDITIONS OR BECAUSE OF HIGH, HIGH CONTENT OF DANGEROUS CHEMICALS IN OUR WATER. SO THE THREAT IS REAL CARL, AND WE HAVE TO TAKE IT SERIOUSLY. AND THAT’S THAT’S REALLY THE IMPETUS FOR DOING THIS STUDY. SO WE ACTUALLY CAN TRY AND GET POLICYMAKERS TO DO WHAT’S NECESSARY BY WHAT WE IDENTIFY IN THIS STUDY. JENNIFER, I WANT TO GET TO YOU ABOUT THE SPECIFICS, BUT WHEN YOU SAY THERE THAT THE THREAT IS REAL, WHAT WHAT IS THE LEVEL OF CONCERN OR THAT IS THERE A NUMBER OF YEARS OR A NUMBER OF POLLUTANTS, IS THERE SOMETHING SPECIFIC ABOUT HOW MUCH OF A THREAT IS THERE? WELL, WE HAVE THE LARGEST NITRATE REMOVAL SYSTEM OF ANY WATER SYSTEM, I THINK, IN THE COUNTRY OR THE WORLD. IT’S THERE FOR A REASON. WE HAVE HIGH NITRATE CONTENT IN OUR WATER RIGHT NOW. WE ALSO KNOW THERE’S A NUMBER OF MICROCYSTIN AND HARMFUL ALGAE BLOOMS. AS PART OF THIS STUDY, WE’LL BE LOOKING AT IN THE CENTERVILLE BECAUSE OF NOT JUST THE CHEMICAL RUNOFF FROM AGRICULTURE, BUT ALSO THE ANIMAL WASTE RUNOFF AND HIGH LEVELS OF E COLI. SO THOSE ARE ALL PRESENT IN OUR CURRENT WATER SUPPLY. WE WANT TO REALLY GET TO THE BOTTOM OF HOW MUCH IS THERE AND WHERE DOES IT COME FROM. YEAH, SO DES MOINES WATER WORKS MEETS OR EXCEEDS REGULATIONS FOR SAFE DRINKING WATER, BUT IT’S GETTING HARDER AND HARDER TO DELIVER THAT SAFE, CLEAN DRINKING WATER. SO THAT’S THE POINT. YOU KNOW, WHETHER YOU WANT A PADDLE OR SWIM AT THE BEACHES OR BE ASSURED THAT YOUR WATER IS SAFE TO DRINK, THAT’S WHY THIS REPORT IS GOING TO COME OUT AT A GREAT TIME AND HELP PEOPLE UNDERSTAND WHAT’S IN THE RIVERS AND HOW WE CAN CLEAN THEM UP AND KEEP THEM THAT WAY. SO RIGHT NOW IT MEETS EXPECTATIONS FOR BEING SAFE. BUT THERE’S A POSSIBILITY THAT IT MAY NOT BE THAT WAY IN THE FUTURE. IF ACTION ISN’T TAKEN. I THINK THAT’S A REALLY IMPORTANT POINT JENNIFER MADE. THE PUBLIC SHOULD KNOW YOUR WATER. DES MOINES WATER IS VERY SAFE TO DRINK, BUT IT’S BECAUSE OF WHAT THEY DO TO IT AND THE FILTRATION SYSTEM AND THE MONITORING THAT IT’S SAFE. WE DO KNOW THAT THE WATER COMING INTO THE SYSTEM IS NEED INCREASING ATTENTION FOR MAKING IT SAFE. SO WHEN YOU HAVE THAT INFORMATION, WHEN THIS PROJECT IS DONE, WHAT’S THE HOPE AND THE GOAL FOR WHAT TO DO WITH THAT INFORMATION? DOON WE WANT TO MAKE IT A LIVING DOCUMENT. SORRY, JOHN JUMPED RIGHT IN. I’M EXCITED ABOUT IT. WE’RE GOING TO MAKE THE INFORMATION AVAILABLE FAR AND WIDE. SO TO POLICYMAKERS, TO THE PUBLIC, TO OTHER SCIENTIFIC INSTITUTIONS, TO OTHER WATERSHEDS AND CITIES SO THAT OTHER PEOPLE CAN LEARN FROM IT AND MAKE DECISIONS BASED UPON IT. WHAT WOULD YOU ADD TO THAT? YEAH, I THINK THAT’S RIGHT. NOT JUST FOR US, BUT WE HOPE THE REST OF THE STATE CAN TAKE A LOOK AT THIS, TOO, THAT THAT THE PUBLIC WILL TAKE NOTE AND ASK POLICYMAKERS TO TAKE MEASURES THAT WILL ADDRESS THE THE THE LONG TERM HEALTH OF OUR COMMUNITY IS FROM THE OUR DRINKING WATER SUPPLY AND THE RECREATIONAL WATER. IT’S SO IMPORTANT FOR DES MOINES AND HOW IMPORTANT THE CONFLUENCE OF THE DES MOINES AND RACCOON RIVERS IS TO OUR COMMUNITY, THAT IT’S IT’S WORTH MAKING SURE OUR POLICIES MATCH THE LEVEL OF THREAT. WHAT FOR YOU WOULD BE THE DREAM POLICIES THAT YOU WOULD LIKE TO SEE? WELL, WE NEED TO DO A NUMBER OF THINGS IN THE AGRICULTURAL COMMUNITY, SUCH AS PLANTING COVER CROPS, REDUCE THE FARMING. AND WHAT IS ACTUALLY NONPRODUCTIVE FARMERS AND WETLANDS AREAS AND THAT THERE WILL BE SOME SOME ACCOUNTABILITY FOR FOR PEOPLE TO PUT STUFF IN THE WATER WATER STREAM IN THE SYSTEM. SO THAT’S THAT’S THE BIG HUGE POLITICAL HURDLE IN THIS STATE IS TAKING MEANINGFUL ACTION SO THAT WE INCREASE OUR SOIL HEALTH AND INCREASE THE AMOUNT OF UPTAKE THROUGH OUR AG SYSTEM FOR FOR THE CHEMICALS WE’RE APPLYING AND DO IT RESPONSIBLY. GREAT. WELL, THANK YOU BOTH SO MUCH FOR JOINING US TODAY. THAT’S ALL THE TIME WE HAVE. APPRECIATE IT. STILL TO COME ON CLOSE UP, THE PUSH FOR FEDERAL ABORTION LIMITS. WHAT SENATOR LINDSEY GRAHAM WANTS CONGRESS TO PASS NOW THAT ROE VERSUS WADE HAS BEEN STRUCK DOWN AND CONFLICT OVER DRAG SHOW ORDINANCES, THE IOWA CITIES, THE ACLU SAYS, MAY BE VIOLATING THE FIRST AMENDMENT. WELCOME BACK TO CLOSE UP THE ACLU OF IOWA SAYS DRAG PERFORMANCES SHOULD NOT BE CLASSIFIED AS ADULT ENTERTAINMENT. AND LAST WEEK, THEY ASKED THREE COMMUNITIES IN IOWA TO CHANGE THEIR LOCAL ORDINANCES. THE ACLU SAYS DRAG ORDINANCES IN DYERSVILLE, PELLA AND WAUKEE ARE UNCONSTITU TIONAL. ACLU ATTORNEY SHEFALI AURORA EXPLAINS WHY. I’M GLAD TO SAY THAT TODAY THE ACLU OF IOWA HAS SENT LETTERS TO THREE DIFFERENT CITY COUNCIL IN DYERSVILLE, PELLA AND WAUKEE ADVISING THEM THAT THEIR ORDINANCES, WHICH INCLUDE LANGUAGE AND REFERENCES TO FEMALE AND MALE IMPERSONATORS AS ADULT ENTERTAINMENT, ARE UNCONSTITUTIONAL AND MUST BE CHANGED. AND WE’VE ASKED THEM TO AMEND THEIR ORDINANCES TO REMOVE THE REFERENCE TO FEMALE AND MALE IMPERSONATORS. GO, GO DANCERS AND SIMILAR ENTERTAINERS FROM THE DEFINITION OF ADULT ENTERTAINMENT. THESE ORDINANCES ARE UNCONSCIOUS, STITUTIONAL FOR THREE DIFFERENT REASONS. FIRST, THEY DO VIOLATE FREE SPEECH AS AN UNJUSTIFIABLE CONTENT RESTRICTION. A SECOND, THEY ARE OVERBROAD BECAUSE THEY INCLUDE ALL DRAG SHOWS REGARDLESS OF WHETHER OR NOT THEY FEATURE EROTIC OR SEXUALLY EXPLICIT CONTENT UNDER THE UMBRELLA OF ADULT ENTERTAINMENT. AND THIRD, THEY VIOLATE EQUAL PROTECTION IN TARGETING THE LGBTQ COMMUNITY. THESE ORDINANCES ARE BEING USED TO TARGET DRAG, WHICH HAS BECOME SPECIFICALLY LINKED WITH THE LGBT COMMUNITY AND DRAG PERFORMERS OFTEN PERFORM IN BARS AND SPACES THAT ARE SPECIFICALLY CATERING TO THAT COMMUNITY. THESE ORDINANCES SIMPLY PERPETUATE A HISTORY OF HOSTILITY TOWARD THE LGBTQ COMMUNITY. WE’VE BEEN WORKING ON THESE REQUESTS FOR SOME TIME NOW, BUT IT IS FITTING THAT WE’RE ABLE TO SEND THEM DURING PRIDE MONTH. IT’S A REMINDER TO ALL CITIES THAT THEY NEED TO RESPECT THE FREE SPEECH AND EQUAL PROTECTION RIGHTS OF PARTICIPANTS AND ATTENDEES AT PRIDE, CELEBRATIONS AND DRAG PERFORMANCES. ALONG WITH THESE THREE LETTERS, WE HAVE ALSO REACHED OUT TO OTHER CITIES THAT HAVE ALREADY ACKNOWLEDGED THEIR ORDINANCES ARE UNCONSTITUTIONAL AND HAVE EITHER AMENDED OR ARE WORKING TO AMEND THOSE ORDINANCES. EAGLE GROVE HAS ALREADY AMENDED ITS ORDINANCE TO REMOVE THE REFERENCE TO FEMALE AND MALE IMPERSONATOR BOIES AND KNOXVILLE. NEWTON AND GRINNELL ARE CURRENTLY IN THE PROCESS OF AMENDING THEIR ORDINANCES. WE COMMEND THESE CITIES FOR TAKING THE CORRECT ACTION AND AMENDING THEIR ORDINANCES BECAUSE THESE OUTDATED ORDINANCES GO BEYOND PROHIBITING OBJECTIONABLE AND OBSCENE CONDUCT AND INSTEAD ARE VIOLATIONS OF FIRST AMENDMENT AND EQUAL PROTECTION. FINALLY, WE ALSO ENCOURAGE ALL CITIES IN IOWA, NOT ONLY THE ONES THAT RECEIVED LETTERS TO TAKE A CLOSE LOOK AT THEIR ORDINANCES AND MAKE SURE THEY DO NOT INCLUDE LANGUAGE THAT CLASSIFIES FEMALE AND MALE IMPERSONATOR AS ADULT ENTERTAINMENT. THESE ARE NOT NECESSARILY NEW ORDINANCES. THESE HAVE BEEN ON THE BOOKS AND THESE WERE REALLY BROUGHT TO OUR ATTENTION AFTER THE EAGLE GROVE INCIDENT. WHERE THE BAR IN EAGLE GROVE WAS PREVENTED FROM HOSTING A DRAG SHOW USING THIS ORDINANCE AS THE REASONING. AND SO THAT’S KIND OF WHAT HIGHLIGHTED IT. AND THEN WE TOOK A LOOK AT VARIOUS CITIES ACROSS IOWA THAT STILL HAVE SIMILAR ORDINANCES ON THE BOOKS. WE DO THINK THEY ARE AN OVERBROAD BAN ON DRAG PERFORMANCES BECAUSE BY CLASSIFYING WHAT THEY TERM AS FEMALE AND MALE IMPERSONATORS, AS ADULT ENTERTAINMENT WITHOUT ANY LIMITATIONS OR EXCEPTIONS, THEY ARE MAKING IT SO EFFECTIVELY. EVERY INSTANCE OF DRAG IS IS CONSIDERED ADULT ENTERTAINMENT. I MEAN, FOR EXAMPLE, A SCHOOL PLAY WHERE THEY’RE DOING A PRODUCTION OF SHAKESPEARE’S 12TH NIGHT, WHICH INCLUDES A WOMAN DISGUISED AS A MAN, WOULD TECHNICALLY VIOLATE THE ORDINANCE. A FEMALE COMEDIAN WITH SHORT HAIR WEARING A SUIT AND TIE COULD BE CATEGORIZED AS A MALE IMPERSONATOR FOR SOME POPULAR MOVIES COULD BE CONSIDERED IN VIOLATION. SO IT IS OVERBROAD ALVORD. AND AND THE FACT THAT IT IS THROUGH A ZONING ORDINANCE ALSO INCREASES THE HURDLES BECAUSE THEN THERE ARE CERTAIN LICENSES AND FEES REQUIRED IN ORDER TO HOST THEM AS WELL AS CONSEQUENCES. IF THE, YOU KNOW, BUSINESS OWNER DOES NOT HAVE THE APPROPRIATE ADULT ENTERTAINMENT LICENSING OR THESE ORDINANCES ALL PASSED IN DEPENDENTLY, OR WERE THEY ALL BROUGHT TO THE COUNCILS BY A THIRD PARTY GROUP AND THEN ALSO WAS THE LANGUAGE IN THE ORDINANCES VERY SIMILAR OR DIFFERENT? SURE. SO TO THE FIRST QUESTION, SOME OF THEM APPEAR TO HAVE BEEN PASSED AT DIFFERENT TIMES. SO IT WAS NOT THAT THEY WERE ALL PASSED AT THE EXACT SAME TIME. AND TO YOUR SECOND QUESTION, THEY DO HAVE SOME SIMILAR LANGUAGES, BUT THERE ARE DIFFERENCES. HIS FOR EXAMPLE, SOME CITIES INCLUDE ONLY FEMALE AND MALE IMPERSONATOR AND SIMILAR ENTERTAINERS, WHILE AS OTHER CITIES ALSO GREW GO, GO DANCERS IN THE DEFINITION. SO THERE IS A LITTLE BIT OF VARIATION ON THE LANGUAGE FROM CITY TO CITY. WE HAVE TALKED TO THEIR CITY ATTORNEYS PREVIOUSLY, BUT THIS IS THE FIRST WRITTEN COMMUNICATION AND THEIR THEIR CITY ATTORNEYS HAS TOLD US THAT THEY WOULD CONSIDER THEIR OPTIONS AND TAKE IT TO CITY COUNCIL. THEY HAVE NOT DECLINED TO MOVE FORWARD. BUT WE WE DO NOT HAVE ANY AFFIRMATIVE COMMITMENT OF A OF AMENDING THEM THE WAY WE DID FROM THE OTHER CITIES. WE HIGHLIGHTED KNOXVILLE, GRINNELL AND NEWTON IN TERMS OF THE THE NATIONAL LEVEL. OUR PRESS RELEASE DOES POINT TO A SIMILAR CASE OUT OF TENNESSEE WHERE A DISTRICT COURT RECENTLY FOUND THAT A SIMILAR LAW WAS UNCONSTITUTIONAL BECAUSE IT VIOLATED FREE SPEECH AND DISCRIMINATED BASED ON CONTENT AND VIEWPOINT DISCRIMINATION. AND THE COURT ALSO FOUND THAT THAT LAW WAS OVERBROAD AND UNCONSTITUTIONALLY VAGUE. SO A SIMILAR ORDINANCE HAS RECENTLY BEEN STRUCK DOWN BY A FEDERAL COURT, EVEN THOUGH IT IS IN A DIFFERENT STATE. WHEN DID YOU TALK WITH THE CITY ATTORNEY’S? YEAH, SO WE WE ORIGINALLY STARTED REACHING OUT. I WOULD SAY MAYBE A LITTLE OVER A MONTH AGO TO THESE CITIES. AND WITH A COUPLE OF THE CITIES CASEY, CCI DID CONTACT TWO OF THE CENTRAL IOWA CITIES NAMED BY THE ACLU, PELLA AND WAUKEE, TO GET THEIR RESPONSE. THE CITY OF WAUKEE SAYS IT, QUOTE, DOESN’T PROHIBIT MALE AND FEMALE IMPERSONATORS FROM PERFORMING AND THAT THE LANGUAGE IN THE ZONING CODE HAS BEEN IN PLACE FOR YEARS. THEY SAY THEY WILL REVIEW THE LANGUAGE, THOUGH ANY CHANGES TO CODE WILL TAKE TIME. THE CITY OF PELLA SAYS THEY HAD NO IMMEDIATE COMMENT. THE CITY OF GRINNELL ACKNOWLEDGES THAT, QUOTE, MALE AND FEMALE IMPERSONATORS WERE INCLUDED IN THE CITY CODE AS ADULT ENTERTAINMENT. BUT THE CITY SAYS THAT WILL NO LONGER BE THE CASE. ADULT ENTERTAINMENT NOW INCLUDES TOPLESS OR BOTTOMLESS DANCERS, EXOTIC DANCERS, STRIPPERS OR SIMILAR ENTERTAINERS. BENNETT AND THE KNOXVILLE CITY ATTORNEY SAYS THEIR CITY COUNCIL VOTED TO CHANGE THEIR ORDINANCE LAST MONDAY. STILL TO COME ON CLOSE UP THE PUSH FOR A NATIONAL ABORTION BAN. WHAT SENATOR LINDSEY GRAHAM WAS IN IOWA PROPOSING. WELCOME BACK TO CLOSE UP THE ACLU OF IOWA SAYS DRAG PERFORMANCES SHOULD NOT BE CLASSIFIED AS ADULT ENTERTAINMENT TONIGHT. LAST WEEK, THEY ASKED THREE COMMUNITIES IN OUR STATE TO CHANGE THEIR LOCAL ORDINANCES. THE ACLU SAYS DRAG SHOW ORDINANCES IN DYERSVILLE, PELLA AND WAUKEE ARE UNCONSITUTIONAL. CARMEL ACLU ATTORNEY STEFFI LEE AURORA EXPLAINS WHY THEY FEEL THAT WAY. I’M GLAD TO SAY THAT TODAY THE ACLU OF IOWA HAS SENT LETTERS TO THREE DIFFERENT CITY COUNCIL SHOWS IN DYERSVILLE. PELLA AND WAUKEE ADVISING THEM THAT THEIR ORDINANCES, WHICH INCLUDE LANGUAGE AND REFERENCES TO FEMALE AND MALE IMPERSONATORS AS ADULT ENTERTAINMENT, ARE UNCONSTITUTIONAL AND MUST BE CHANGED. WE HAVE ASKED THEM TO AMEND THEIR ORDINANCES TO REMOVE THE REFERENCE TO FEMALE AND MALE IMPERSONATORS. GO GO DANCERS AND SIMILAR AND ENTERTAINERS FROM THE DEFINITION OF ADULT ENTERTAINMENT. THESE ORDINANCES ARE UNCONSTITUTIONAL FOR THREE DIFFERENT REASONS. FIRST, THEY DO VIOLATE FREE SPEECH AS AN UNJUSTIFIABLE CONTENT RESTRICTION. A SECOND, THEY ARE OVERBROAD BECAUSE THEY INCLUDE ALL DRAG SHOWS REGARDLESS OF WHETHER OR NOT THEY FEATURE EROTIC OR SEXUALLY EXPLICIT CONTENT UNDER THE UMBRELLA OF ADULT ENTERTAINMENT. AND THIRD, THEY VIOLATE EQUAL PROTECTION IN TARGETING THE LGBTQ COMMUNITY. THESE ORDINANCES ARE BEING USED TO TARGET DRAG, WHICH HAS BECOME SPECIFICALLY LINKED WITH THE LGBTQ COMMUNITY AND DRAG PERFORMERS OFTEN PERFORM IN BARS AND SPACES THAT ARE SPECIFICALLY CATERING TO THAT COMMUNITY. THESE ORDINANCES SIMPLY PERPETUATE A HISTORY OF HOSTILITY TOWARD THE LGBTQ COMMUNITY. WE’VE BEEN WORKING ON THESE REQUESTS FOR SOME TIME NOW, BUT IT IS FITTING THAT WE’RE ABLE TO SEND THEM DURING PRIDE MONTH. IT’S A REMINDER TO ALL CITIES THAT THEY NEED TO RESPECT THE FREE SPEECH AND EQUAL PROTECTION RIGHTS OF PARTICIPANTS AND ATTENDEES AT PRIDE CELEBRATIONS AND DRAG PERFORMANCE IS ALONG WITH THESE THREE LETTERS. WE HAVE ALSO REACHED OUT TO OTHER CITIES THAT HAVE ALREADY ACKNOWLEDGED THEIR ORDINANCES ARE UNCONSTITUTIONAL AND HAVE EITHER AMENDED OR ARE WORKING TO AMEND THOSE ORDINANCES. EAGLE GROVE HAS ALREADY AMENDED ITS ORDINANCE TO REMOVE THE REFERENCE TO FEMALE AND MALE IMPERSONATOR HONORS AND KNOXVILLE NEWTON AND GRINNELL ARE CURRENTLY IN THE PROCESS OF AMENDING THEIR ORDINANCES. WE COMMEND THESE CITIES FOR TAKING THE CORRECT ACTION AND AMENDING THEIR ORDINANCES BECAUSE THESE OUTDATED ORDINANCES GO BEYOND PROHIBITING ARE OBJECTIONABLE AND OBSCENE CONDUCT AND INSTEAD ARE VIOLATIONS OF FIRST AMENDMENT AND EQUAL PROTECTION. FINALLY, WE ALSO ENCOURAGE ALL CITIES IN IOWA, NOT ONLY THE ONES THAT RECEIVED LETTERS TO TAKE A CLOSE LOOK AT THEIR ORDINANCES AND MAKE SURE THEY DO NOT INCLUDE LANGUAGE THAT CLASSIFIES BOIES FEMALE AND MALE IMPERSONATORS AS ADULT ENTERTAINMENT. THESE ARE NOT NECESSARY NEW ORDINANCES. THESE HAVE BEEN ON THE BOOKS AND THESE WERE REALLY BROUGHT TO OUR ATTENTION. BERNE AFTER THE EAGLE GROVE INCIDENT WHERE THE BAR IN EAGLE GROVE WAS PREVENTED FROM HOSTING A DRAG SHOW USING THIS ORDINANCE AS THE REASONING AND AND SO THAT’S KIND OF WHAT HIGHLIGHTED IT. AND THEN WE TOOK A LOOK AT VARIOUS CITIES ACROSS IOWA THAT STILL HAVE SIMILAR ORDINANCES ON THE BOOKS. WE DO THINK THEY ARE AN OVERBROAD BAN ON DRAG PERFORMANCE IS BECAUSE BY CLASSIFYING WHAT THEY TERM AS FEMALE AND MALE IMPERSONATOR AS ADULT ENTERTAINMENT WITHOUT OUT ANY LIMITATIONS OR EXCEPTIONS, IS THEY ARE MAKING IT SO EFFECTIVELY EVERY INSTANCE OF DRAG IS CARNES BAIRD ADULT ENTERTAINMENT. I MEAN, FOR EXAMPLE, A SCHOOL PLAY WHERE THEY’RE DOING A PRODUCTION OF SHAKESPEARE’S 12TH NIGHT, WHICH INCLUDES A WOMAN DISGUISED AS A MAN, WOULD TECHNICALLY VIOLATE THE ORDINANCE AS A FEMALE COMEDIAN WITH SHORT HAIR, WEARING A SUIT AND TIE COULD BE CATEGORIZED AS A MALE IMPERSONATOR FOR SOME POPULAR MOVIES, AMES COULD BE CONSIDERED IN VIOLATION. SO IT IS OVER BROAD AND AND THE FACT THAT IT IS THROUGH A ZONING ORDINANCE ALSO INCREASES THE HURDLES BECAUSE THEN THERE ARE CERTAIN LICENSES AND FEES REQUIRED IN ORDER TO HOST THEM AS WELL AS CONSEQUENCES IF THE, YOU KNOW, BUSINESS OWNER DOES NOT HAVE THE APPROPRIATE ADULT ENTERTAINMENT LICENSING OR THESE ORDINANCES ALL PASSED INDEPENDENTLY? OR WERE THEY ALL BROUGHT TO THE COUNCIL’S BY A THIRD PARTY GROUP AND THEN ALSO, WAS THE LANGUAGE IN THE ORDINANCES VERY SIMILAR OR DIFFERENT? SURE. SO TO THE FIRST QUESTION, SOME OF THEM APPEAR TO HAVE BEEN PASSED AT DIFFERENT TIMES. SO IT WAS NOT THAT THEY WERE ALL PASSED AT THE EXACT SAME TIME AND TO YOUR SECOND QUESTION, THEY DO HAVE SOME SIMILAR LANGUAGES, BUT THERE ARE DIFFERENCES. FOR EXAMPLE, SOME CITIES INCLUDE ONLY FEMALE MALE IMPERSONATORS AND SIMILAR ENTERTAINERS AS WELL AS OTHER CITIES. ALSO GROUP GO GO DANCERS IN THE DEFINITION DOON. SO THERE IS A LITTLE BIT OF VARIATION ON THE LANGUAGE FROM CITY TO CITY. WE HAVE TALKED TO THEIR CITY ATTORNEYS PREVIOUSLY, BUT THIS IS THE FIRST WRITTEN COMMUNICATION AND THEIR THEIR CITY ATTORNEY HAS TOLD US THAT THEY WOULD CONSIDER THEIR OPTIONS AND TAKE IT TO CITY COUNCIL. THEY HAVE NOT DECLINE TO MOVE FORWARD. BUT WE WE DO NOT HAVE ANY AFFIRMATIVE COMMITMENT OF A OF AMENDING THEM THE WAY WE DID FROM THE OTHER CITIES. WE HIGHLIGHTED KNOXVILLE, GRINNELL AND NEWTON IN TERMS OF THE THE NATIONAL LEVEL. OUR PRESS RELEASE DOES POINT TO A SIMILAR CASE OUT OF TENNESSEE WHERE A DISTRICT COURT RECENTLY FOUND THAT A SIMILAR LAW WAS UNCONSTITUTIONAL BECAUSE IT VIOLATED FREE SPEECH AND DISCRIMINATED BASED ON CONTENT AND VIEWPOINT DISCRIMINATION. AND THE COURT ALSO FOUND THAT THAT LAW WAS OVERBROAD AND UNCONSTITUTIONALLY VAGUE. SO A SIMILAR ORDINANCE HAS RECENTLY BEEN STRUCK DOWN BY A FEDERAL COURT, EVEN THOUGH IT IS IN A DIFFERENT STATE. WHEN DID YOU TALK WITH THE CITY ATTORNEY’S? YEAH. SO WE ORIGINALLY STARTED REACHING OUT, I WOULD SAY MAYBE A LITTLE OVER A MONTH AGO TO THESE CITIES AND. WITH A COUPLE OF THE CITIES. I’VE HAD AN EMAIL OR A PHONE CALL EXCHANGE, BUT I’VE HAD AT LEAST SOME CONTACT WITH ALL THREE OF THOSE CITIES. SO THOSE CITY ATTORNEYS ARE AWARE THAT THESE ORDINANCES ARE ON THE BOOKS AND HAVE BEEN AWARE OF THIS FOR A HANDFUL OF WEEKS NOW. WE NEVER FORECAST A LITIGATION, HOWEVER, YOU KNOW, WE ARE SHOWING THAT THIS IS A PRIORITY FOR OUR OUR OFFICE RIGHT NOW. AND THE WORK THAT WE’RE DOING BY SENDING THESE LETTERS AND PUTTING THE CITIES ON NOTICE, WE HOPE THAT THEY DO COMPLY WITH THE LETTERS. IF THEY DO NOT, WE WILL BE LOOKING INTO ALL OF OUR OPTIONS. KCCI DID CONTACT THE TWO CENTRAL IOWA CITIES NAMED BY THE ACLU, PELLA AND WAUKEE TO GET THEIR RESPONSE TO THE LETTERS. THE CITY OF WAUKEE SAYS IT, QUOTE, DOESN’T PROHIBIT MALE AND FEMALE IMPERSONATORS FROM PERFORMING AND THAT THE LANGUAGE IN THE ZONING CODE HAS BEEN IN PLACE FOR YEARS. THEY SAY THEY WILL REVIEW THE LANGUAGE, THOUGH ANY CHANGES TO CODE WILL TAKE TIME AND THE CITY OF PELLA SAYS THEY HAVE NO IMMEDIATE COMMENT. THE CITY OF GRINNELL ACKNOWLEDGES THAT, QUOTE, MALE AND FEMALE IMPERSONATORS WERE INCLUDED IN THE CITY CODE AS ADULT ENTERTAINMENT. BUT THE CITY SAYS THAT WILL NO LONGER BE THE CASE. ADULT ENTERTAINMENT NOW INCLUDES TOPLESS OR BOTTOMLESS DANCERS. EXOTIC DANCERS, STRIPPERS OR SIMILAR ENTERTAINERS. BURT AND THE KNOXVILLE CITY ATTORNEY SAYS THEIR CITY COUNCIL VOTED TO CHANGE THEIR ORDINANCE LAST MONDAY. WELL, STILL TO COME ON CLOSE UP, THE PUSH FOR A NATIONAL ABORTION BAN. WHAT SENATOR LINDSEY GRAHAM WAS IN IOWA PROPOSING. WELCOME BACK TO CLOSE UP ON JUNE 16TH, THE IOWA SUPREME COURT IN A 3 TO 3 SPLIT DECISION KEPT THE 2018 ABORTION LAW BLOCKED. BURT THAT LAW WOULD HAVE BANNED ABORTIONS IN IOWA AFTER APPROXIMATELY SIX WEEKS OF PREGNANCY GROUPS BOTH IN SUPPORT AND OPPOSITION OF EXPANDING ABORTION ACCESS SAY THEY EXPECT THE IOWA LEGISLATURE TO INTRODUCE NEW ABORTION BILLS NEXT SESSION. BUT SOME FEDERAL LAWMAKERS WANT NATIONAL ACTION. LAST WEDNESDAY, DURING A TOWN HALL AT EXPERIENCED CHURCH IN DES MOINES, SOUTH CAROLINA, SENATOR LINDSEY GRAHAM PITCHED FEDERAL ABORTION RESTRICTIONS AFTER THE DOBBS DECISION. OUR DEMOCRATIC COLLEAGUE HAVE INTRODUCED LEGISLATION IN WASHINGTON THAT WOULD CREATE A NATIONAL STANDARD. IT TO OVERRULE EVERY STATE LAW. TONY. IT WOULD ALLOW ABORTION ON DEMAND, TAXPAYER FUNDED LITERALLY UP TO THE MOMENT OF BIRTH. OKAY. IF YOU’RE REPUBLICAN AND YOU SHOULD BE AGAINST THAT. RIGHT. IF IF YOU’RE LIKE 70% OF THE COUNTRY, 80% OF THE COUNTRY IS AGAINST THAT, WHY ARE WE HAVING A HARD TIME TALKING ABOUT AN ISSUE WHERE 80% OF THE PEOPLE ARE AGAINST WHAT THEY WANT TO DO? RIGHT. IF YOU CAN’T TALK ABOUT THIS, YOU’RE NOT GOING TO DO WELL. OKAY. LIFE, LIBERTY, PURSUIT OF HAPPINESS. YOU’VE HEARD THOSE PHRASES. IT’S PRETTY HARD TO PURSUE HAPPINESS IF YOU’RE DEAD. SO HERE’S WHAT I WANT TO SAY TO MY REPUBLICAN COLLEAGUES. I RAN FOR PRESIDENT. TONY, IF YOU DON’T REMEMBER, THAT IS NOT YOUR FAULT. I DIDN’T DO VERY WELL. SOMEBODY ASKED ME WHAT HAPPENED TO YOU AND TRUMP. I SAID, WELL, I SAID EVERY BAD THING ABOUT HIM I COULD. I GOT TO KNOW HIM. I COME TO LIKE HIM AND HE LIKES HIM. SO WE GOT THAT IN COMMON. BUT YOU GOT SOME REALLY QUALIFIED PEOPLE ON OUR SIDE COMING OUT. CHECK THEM OUT. AND HERE’S WHAT I HOPE THEY’LL SAY THAT WHAT THE DEMOCRATS ARE PROPOSING IS BARBARIC, LIKE CHINA AND NORTH KOREA ALLOW ABORTION ON DEMAND UP TO THE MOMENT OF BIRTH, USING GOVERNMENT MONEY. BUT 47 OF 50 EUROPEAN NATIONS LIMIT ABORTION. BETWEEN 12 AND 15 WEEKS. I NEVER THOUGHT I’D SAY, LOOK, TO SEE WHAT FRANCE IS DOING THERE IN 14. SO MY BILL, TONY, WILL CREATE A NATIONAL MINIMUM STANDARD. YOU CAN DO MORE. YOU CAN DO SIX WEEKS, YOU CAN DO WHATEVER YOU WANT TO DO AT THE STATE LEVEL. BUT AT 15 WEEKS, I WANT TO DRAW A LINE FOR THE SOUL OF AMERICA. WHAT GOOD COMES FROM ABORTING A CHILD WHO SUCKS HIS THUMB? CAN FEEL PAIN AT 15 WEEKS IN THE BIRTHING PROCESS. THAT IS A A REASONABLE POSITION TO TAKE. AND IF YOU’RE RUNNING TO BE THE STANDARD BEARER OF THE REPUBLICAN PARTY, IT SHOULD BE EASY FOR YOU TO SAY THE FOLLOWING. IF YOU SEND ME A BILL OUTLAWING ABORTION AT 15 WEEKS WITH A BABY CAN FEEL PAIN TO OPERATE ON THE CHILD, YOU PROVIDE ANESTHESIA BECAUSE WE KNOW THEY FEEL PAIN. I WILL SIGN IT IF THAT IS HARD, YOU’RE IN THE WRONG BUSINESS. THAT’S WHY I’M HERE TONIGHT. YOU HEAR HIM THERE DISCUSSING THE GOP FIELD OF CANDIDATES AND THEIR STANCES ON ABORTION. HE CALLED ON IOWA REPUBLICANS TO DEMAND THAT PRESIDENTIAL CANDIDATES GIVE A CLEAR POSITION ON THE ISSUE. STILL TO COME ON CLOSE UP HUNTER BIDEN PLEA DEAL. WHY SENATOR CHUCK GRASSLEY WANTS MORE ACTION FROM THE FBI. AND THE EVIDENCE HE WANTS EXAMINED. WELCOME BACK TO CLOSE UP. LAST WEEK, PRESIDENT BIDEN’S SON, HUNTER ENTERED INTO A PLEA AGREEMENT WITH FEDERAL PROSECUTORS. THEY HAD BEEN INVESTIGATING THE BIDEN FAMILY FOR NEARLY FIVE YEARS UNDER THE DEAL. HUNTER BIDEN AGREED TO PLEAD GUILTY TO TWO MISDEMEANOR CHARGES RELATED TO NOT PAYING FEDERAL INCOME TAXES. IN 2017 OR 2018. HIS LAWYERS SAY THOSE TAXES HAVE SINCE BEEN PAID. BIDEN WILL ALSO AVOID PROSECUTION FOR A SEPARATE FELONY GUN POSSESSION AS LONG AS HE TAKES PART IN A DIVERSION PROGRAM. MANY REPUBLICANS HAVE BEEN CRITICAL OF THE PLEA DEAL SINCE IT WAS ANNOUNCED. THAT INCLUDES IOWA SENATOR CHUCK GRASSLEY. I SPOKE WITH GRASSLEY LAST WEEK. HE TELLS ME WHY HE WANTS THE FBI TO PROVE THERE HAS NOT BEEN POLITICAL BIAS. WELL, FIRST OF ALL, CONGRESS DOESN’T PROSECUTE, BUT CONGRESS INVESTIGATES. BUT OUR INVESTIGATE ASHTON ISN’T AS IMPORTANT AS THE FBI’S FOLLOW UP ON INFORMATION THAT EITHER WE SUPPLY TO THEM OR THEY HAVE ON THEIR OWN EFFORT GOTTEN SO WHAT IS THE FBI DOING, FOR INSTANCE, WITH ALL THE BANK RECORDS AND AND OTHER EVIDENCE THAT SENATOR JOHNSON AND I HAVE SENT TO THEM OVER THE LAST SEVERAL MONTHS, IT DOESN’T LOOK TO ME LIKE THEY TOOK MUCH OF IT INTO CONSIDERATION. SO MY ANSWER TO YOUR QUESTION IS I WANT THE FBI TO SHOW ME THEIR WORK. I CAN’T PROSECUTE UNDER THE CONSTITUTION BECAUSE THAT’S LEFT TO THE EXECUTIVE BRANCH OF GOVERNMENT. BUT THE DEPARTMENT OF JUSTICE, WHEN IT COMES TO PROSECUTION, GOT TO SHOW US THAT THAT THEY LEAVE THEIR POLITICAL BIAS OUT OF IT. AN
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Close Up: Polk County water quality, drag show ordinances
On this episode of KCCI 8 News Close Up, we look at the two-year project underway to assess the source of pollution in the Des Moines and Raccoon Rivers.We also look at drag show ordinances, and the ACLU's push to stop classifying them as adult entertainment.And hear why U.S. Sen. Lindsay Graham was in Des Moines last week, pushing for federal abortion limits.

On this episode of KCCI 8 News Close Up, we look at the two-year project underway to assess the source of pollution in the Des Moines and Raccoon Rivers.

We also look at drag show ordinances, and the ACLU's push to stop classifying them as adult entertainment.

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And hear why U.S. Sen. Lindsay Graham was in Des Moines last week, pushing for federal abortion limits.