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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1110

1110     IOWA LAW REVIEW     [Vol. 49

     b) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, color, creed, religion, or national origin by this act, because such person has lawfully opposed any practice forbidden under this act, obeys the provisions of this act, or has filed a complaint, testified, or assisted in any proceeding under this act.

   The first subsection is meant to cover all persons who intentionally aid, compel, or coerce another to violate any provision of the act. The second subsection is meant to protect all persons against whom reprisals might be taken for their part in helping the statutory scheme operate. It is also intended to prevent landlords, real estate agents, banks, employment agencies, and all others covered by the act from discriminating in their business affairs against any person because that person obeys or defends the proscriptions of the act. Such a provision is essential, although to some extent it may overlap with the first subsection. For example, a bank that refuses to lend to a white landlord because the latter intends to rent to Negroes would probably be covered by the word "coerce" in subsection a, and also by subsection b. On the other hand,  a tenant who testifies that he heard his landlord say that he would not rent to X because X is a Negro, could only prevent his own eviction because of that testimony by invoking subsection b. For this reason both subsections are desirable.

V. ANTIDISCRIMINATION LEGISLATION: ENFORCEMENT TECHNIQUES

   Int his country three different approaches to the enforcement of antidiscrimination statutes have been current. They are criminal prosecution, private civil suit for damages, and administrative enforcement. The Iowa provisions barring discrimination in public accommodations and employment are, on their face, of the first class. These statutes are penal and provide for a fine of up to one hundred dollars or imprisonment up to thirty days.145
   Both experience and logic demonstrate the inherent short-comings of a criminal or penal approach to the enforcement of this kind of legislation.146 In the first place, proof in a criminal case must be beyond a reasonable doubt. This makes conviction under these kinds of statutes extremely difficult. The precise motivation of any defendant's refusal to serve or employ a Negro is unusually difficult to prove beyond a reasonable doubt. Further, trial by jury is always available in a criminal prosecution. This permits defendant to avail himself of a body that may be as prejudiced as he is or may be out of sympathy with the objectives or approach of civil rights legislation.
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145 Iowa Acts 1963, ch. 330, at 513; IOWA CODE 735.2 (1962).
146 See generally GREENBERG, RACE RELATIONS AND AMERICAN LAW 15-16 (1959); Note, Public Accommodations: Remedies for Denials of Equal Treatment, 7 ST. LOUIS U.L.J. 88, 92 (1962).

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1110 IOWA LAW REVIEW [Vol. 49 b) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, color, creed, religion, or national origin by this act, because such person has lawfully opposed any practice forbidden under this act, obeys the provisions of this act, or has filed a complaint, testified, or assisted in any proceeding under this act. The first subsection is meant to cover all persons who intentionally aid, compel, or coerce another to violate any provision of the act. The second subsection is meant to protect all persons against whom reprisals might be taken for their part in helping the statutory scheme operate. It is also intended to prevent landlords, real estate agents, banks, employment agencies, and all others covered by the act from discriminating in their business affairs against any person because that person obeys or defends the proscriptions of the act. Such a provision is essential, although to some extent it may overlap with the first subsection. For example, a bank that refuses to lend to a white landlord because the latter intends to rent to Negroes would probably be covered by the word "coerce" in subsection a, and also by subsection b. On the other hand, a tenant who testifies that he heard his landlord say that he would not rent to X because X is a Negro, could only prevent his own eviction because of that testimony by invoking subsection b. For this reason both subsections are desirable. V. ANTIDISCRIMINATION LEGISLATION: ENFORCEMENT TECHNIQUES Int his country three different approaches to the enforcement of antidiscrimination statutes have been current. They are criminal prosecution, private civil suit for damages, and administrative enforcement. The Iowa provisions barring discrimination in public accommodations and employment are, on their face, of the first class. These statutes are penal and provide for a fine of up to one hundred dollars or imprisonment up to thirty days.145 Both experience and logic demonstrate the inherent short-comings of a criminal or penal approach to the enforcement of this kind of legislation.146 In the first place, proof in a criminal case must be beyond a reasonable doubt. This makes conviction under these kinds of statutes extremely difficult. The precise motivation of any defendant's refusal to serve or employ a Negro is unusually difficult to prove beyond a reasonable doubt. Further, trial by jury is always available in a criminal prosecution. This permits defendant to avail himself of a body that may be as prejudiced as he is or may be out of sympathy with the objectives or approach of civil rights legislation. _________________________ 145 Iowa Acts 1963, ch. 330, at 513; IOWA CODE 735.2 (1962). 146 See generally GREENBERG, RACE RELATIONS AND AMERICAN LAW 15-16 (1959); Note, Public Accommodations: Remedies for Denials of Equal Treatment, 7 ST. LOUIS U.L.J. 88, 92 (1962).