Johnson Dems reject denouncing county attorney for protester arrests

IOWA CITY — After a heated debate and chants of “drop the charges,” the Johnson County Democratic Central Committee voted against censuring the Democratic county attorney for charging seven protesters, who identify as transgender and who are accused of disrupting a lecture by a “detransitional” speaker at the University of Iowa.

The resolution, introduced by Johnson County Supervisor Jon Green, was rejected in a 34-13 vote at the Thursday meeting at Carpenters Union Local 1260 in Iowa City.

1/x As a member of the Johnson County Democratic Party Central Committee, I have authored and introduced this resolution to censure the County Attorney for her prosecution of trans people in our community. pic.twitter.com/KOipc3LfXb

— Jon Green (@modestholdings) January 29, 2024

Green’s resolution was in response to County Attorney Rachel Zimmerman Smith filing charges of disorderly conduct, a serious misdemeanor, and interference with official acts, a simple misdemeanor, against seven people protesting conservative “detransitioner” Chloe Cole's lecture at the UI in October.

The charges were filed roughly a month after the protest.

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Green told The Daily Iowan his resolution gave Democrats an opportunity to talk about the values they want to adopt as a party.

Although the resolution failed, Green said he was happy to see the discussion since Central Committee meetings seldom draw so many attendees.

“This is something that everybody in the party is always saying we want more of this — we want more engagement, we want people to be involved,” Green said. “I came into this knowing that it was going to be an uphill battle, and I'm prepared to deal with that move ahead, and I hope my colleagues are as well.”

Zimmermann Smith attended the meeting and afterward said she found the “whole thing” sad and was glad it was over.

Supporters: Protect marginalized groups

At the meeting, eight people spoke in favor of the resolution and eight spoke against it.

Among those in favor of the resolution were Mandi Remington, who last month said she would run for the Johnson County Board of Supervisors, and Iowa City Council member Laura Bergus.

Bergus said the county attorney’s duty is to justice, but the law gives prosecutors discretion to pursue cases, and that the county attorney has no obligation to prosecute cases if the facts and circumstances suggest it's unjust.

Despite this, Zimmermann Smith pursued the cases, which Bergus said must mean the county attorney believes the charges were “just.”

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“I hate that this is personal, I hate that this is infighting,” Bergus said. “I think it's incredibly important as a party that we talk about justice and the fact that that is a value we share. So let's hold that common ground and hold each other accountable.”

Remington said it was important for the party to listen to young voters, particularly on LGBTQ+ issues, and she compared the issue to gun violence, pointing to the fatigue of hearing people offer thoughts and prayers instead of taking action.

“We're tired of hearing thoughts and prayers, but the platitudes that I've heard tonight and online leading up to this meeting about, ‘Yes, we care about trans folks,’ but that doesn’t really amount to anything more than thoughts and prayers, and we can do better,” she said.y.

Nicole Yeager, chair of the Campaign to Organize Graduate Students Political Action Committee, said the charges targeted transgender people, with some claiming that out of the 100-plus protesters, only the LGBTQ+ protesters were charged.

Opponents: Focusing on wrong thing

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Former Johnson County Attorney Janet Lyness argued the protesters violated the law — not for protesting but for blocking the street.

Lyness said there is no evidence police specifically targeted LGBTQ+ people in their arrests, and Zimmermann Smith was upholding the law in bringing charges. Both statements drew boos from members of the crowd.

If Zimmermann Smith hadn’t done her job, she added, the Iowa attorney general could step in to prosecute the protesters instead.

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Former Iowa City Council member Pauline Taylor said the job of the county attorney is to enforce the laws, and that neither elected officials nor the Central Committee should tell Zimmermann Smith how to do her job.

Johnson County Sheriff Brad Kunkel said it was frustrating that the county Democratic Central Committee was even discussing the resolution. The committee instead should focus on moving the party forward and turning Iowa into a purple state again.

“We're distracted and bogged down by a resolution that's predicated on incomplete information … being directed at the wrong piece of the system,” Kunkel said. “But what's most troubling to me is the lengths that elected officials have gone through to exert influence on the judicial system is some of the most unethical behavior I've ever seen in local government.”

If county Republicans had done something similar, he said, Democrats would have been quick to call out such behavior,

Community reaction

The reaction to the charges against the protesters has been controversial since they were announced.

On Dec. 9, UI students and Iowa City residents marched through Iowa City to protest the charges, stopping at the building housing the office of the county attorney.

On Jan. 24, the Iowa City Human Rights Commission issued a statement condemning the charges and calling for the dismissal. The statement also referenced the United Nations Declaration of Human Rights, which includes a provision stating people have the right to protest without interference.

Johnson County Supervisor V Fixmer-Oraiz also released a statement saying they had met with Zimmermann Smith, asking her to drop the charges. Fixmer-Oraiz called on Johnson County Democrats to stand by its commitment to people over politics and vote in favor of the resolution.

A petition on Change.org to have the charges dropped has received 787 signatures, with a goal of 1,000. The petition includes a link to a fundraiser to pay the protesters’ legal fees, having raised $10,250 toward a $20,000 goal.

Trial is set for the end of February for Tara McGovern, one of those arrested, after McGovern rejected a plea deal.

Comments: alejandro.rojas@thegazette.com