LETTER: Constitutionality

According to the front page article of the September 6, 2023 CNA, the city council is discussing some changes to the rental inspection scheduling. They even made some fancy charts to explain the process. However, they still do not address the constitutionality issues of the ordinance or administrative policy.

At several of the city council meetings, I addressed the council and questioned the constitutionality of the ordinance. I raised the question of risk and liability for the City of Creston. During the meetings, the council members and Mayor either smirked, giggled or rolled their eyes as I addressed them. Apparently they do not think it is an issue. Their lack of respect and their arrogance may be an expensive lesson to them and to our city if the constitutionality is challenged in the court system.

Recently, an Iowa town was sued by a group of landlords and tenants in Iowa District Court for similar constitutional issues related to their ordinance and administrative policy. The district court ruled against the city and costs were assessed to the city.

Maybe it is time to rally the troops and take on the City of Creston. For over a year, landlords, tenants and concerned taxpayers have tried to discuss the issues with our elected council members and mayor. Perhaps the time has come to take it to the Iowa District Court. As a taxpayer, this is a tough pill to swallow, knowing that the city will bear the costs of defending an action. However, the liability of the city is at risk if there is an unlawful search and seizure conducted during an inspection.

This November there are three council members’ seats open and one mayor set open for election. As taxpayers we need to remember how our current members voted for this ordinance and approved appoint Jason Van Ausdall as the inspector. Elections have consequences.