Supreme Court refuses to review order preventing state from removing Iowa City historical material

IOWA CITY — While fighting a proposal to strip Iowa of its mandate to maintain a State Historical Society research center in Iowa City, a group of historians, donors and community members is celebrating a small victory with the Iowa Supreme Court.

The Iowa Department of Administrative Services, its State Historical Society of Iowa, along with former DAS Director Adam Steen and other administrators in November asked the high court to review and reverse a district court injunction blocking them from removing any more documents, artifacts or materials from the Iowa City research center pending further court order.

The Supreme Court on Friday declined to reverse or even review the lower court’s injunction — leaving in place the ban on removing anything from the Iowa City research center in the Centennial Building along Iowa Avenue until summation of the legal case combating its closure.

Sparking the spat was the June 17 surprise announcement of the Iowa City closure at the end of the year, compelling a group of 17 petitioners to sue the state in Johnson County District Court in September.

District Court Judge Kevin McKeever on Oct. 23 found the case likely to succeed and issued a preliminary injunction to stop the state from taking further steps toward permanent closure until the case’s final resolution.

But McKeever at that time also agreed with the state that the petitioners had filed their lawsuit out of order and needed first to file a petition for a declaratory order with the Department of Administrative Services — the same agency it was suing.

The department on Dec. 30 — the day before it closed the Iowa City facility — issued an order finding it did not violate Iowa Code with its closure. The department, at the same time, prefiled a bill to change Iowa Code to strip it of the mandate to maintain an Iowa City research facility while also forming a temporary partnership with the University of Iowa to maintain access to historical records in Iowa City — at least until the law could be changed.

With the Legislature now in session, the department’s bill passed through subcommittee last week — despite opposition.

“We made an impressive showing with a packed room of vocal advocates representing historians, archivists, historic preservationists, archaeologists, scholars and educations, a pioneer cemetery protector, and four skilled lobbyists,” according to a SaveIowaHistory.org website update on its opposition to the proposal. “More than 64 viewers joined online with several more unable to log in despite trying.”

More than 125 others submitted testimony online, with more than 8,000 signing a “Save Iowa History” petition to keep open the 169-year-old facility.

A measure countering the DAS bill that would keep an Iowa City historical research center open also is moving through the Legislature.

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com