Allegations fly in Iowa City’s 21-only debate

The campaign manager for the group advocating for Iowa City's 21-only law Monday suggested opponents of the measure are illegally “politicking.”

Nick Westergaard of 21 Makes Sense said he has received reports of opponents of the law interacting with voters at early voting sites and in one case even telling a person how to vote, which is illegal.

However, County Auditor Tom Slockett said that while his office has followed up on a number of allegations, none was substantiated.

Also, 21 Makes Sense possibly has received favorable treatment from the city of Iowa City, including getting police statistics for free that a reporter was asked to pay for, which the state's campaign ethics head said was improper.

With Election Day just three weeks away, the 21-only campaign has become increasingly contentious.

Voters are being asked whether they want to repeal the City Council-approved ordinance, which bans people younger than 21 from being in Iowa City bars at night. If it is overturned, the minimum bar entry age would return to 19.

Unprecedented numbers of people have been casting ballots at early voting locations, with many of the sites on or near the University of Iowa campus.

21 Makes Sense on Monday released a statement from County Attorney Janet Lyness reminding people that: “Loitering, congregating, electioneering or soliciting votes within 300 feet of a polling place is a crime. Posting or distributing signs within 300 feet of a polling place, including large campaign signs attached to motor vehicles, is also a crime.”

Westergaard said Matt Pfaltzgraf, campaign manager for the anti-21-only group Yes to Entertaining Students Safely, and supporters have been seen within 300 feet of polling sites talking to voters and handing out fliers. He also said a 21 Makes Sense supporter overheard someone tell a person in line to “vote yes” to repeal the law.

Slockett, however, said his poll workers have not received any complaints or seen anyone involved in the 21-only campaigns breaking the rules. Some complaints came to his office after the action allegedly occurred.  He also said the flier in question has been OK'd by state and local officials.

Lyness said her office heard some allegations but nothing has been substantiated. She also said it is OK to be within 300 feet of a polling place handing out campaign literature that does not advocate for an issue.

Pfaltzgraf said the flier simply clarifies what both sides have admitted is confusing ballot language by saying what a “yes” vote and “no” vote mean. He said his committee is trying to encourage turnout among students, a group that is believed to be overwhelmingly against the 21-only ordinance, but is not telling them how to vote.

“With the people we're targeting, we don't need to say anything,” he said.

Meanwhile, the city of Iowa City may be toeing the line for what's allowed under Iowa law when it comes to using public resources to campaign for a ballot issue.

21 Make Sense held a news conference last Thursday afternoon at which it released police statistics that showed a drop in many alcohol-related offenses.

That morning, a reporter from The Gazette was initially told by the Police Department that if he wanted that data independently and before it was released in the afternoon, he would have to pay $8 per report.

21 Makes Sense received the data for free from Mayor Matt Hayek, a co-chair of 21 Makes Sense.

Iowa code prohibits the use of public money for political purposes, including advocating for a ballot issue. That means government resources like computers and telephones cannot be used for campaign purposes.

Charlie Smithson, director of the Iowa Ethics and Campaign Disclosure Board, said if the city is going to provide a campaign organization with a public document, it must to do the same for everybody else, at the same price.

After being questioned about the disparity by the reporter, Hayek forwarded the information immediately. He and Police Chief Sam Hargadine later said there was a misunderstanding and any report that the department has already compiled should be free to anyone. If police are asked to gather new information, that would cost money, Hargadine said.

Westergaard said the campaign would pay for anything anyone else was asked to pay for and did not want any special treatment.

Also on Thursday, a city-issued news release promoting a 21-only debate had the headline “What Makes Sense: 21 Only.” That evokes the 21 Makes Sense name and could be read as being supportive of the 21-only law.

Smithson initially said it was a “close call” on whether the release was an inappropriate use of city resources, but he later said on closer reading, he didn't think it advocated a position but rather invited people to the debate and therefore was OK. The body of the release only includes information about the debate.

Smithson acknowledged public officials have a fine line to walk when it comes to ballot issues. He said because Iowa City has a part-time mayor and council, he's not as concerned about them as he is state employees like those at the University of Iowa.