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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1129

1964] STATE CIVIL RIGHTS STATUTES 1120

mediate impact which will often extend beyond the particular community in which they are located. For this reason, their regulation might not be considered a "strictly local and internal affair" in the same way as the conduct of local landlords might. On the other hand, if our cities can regulate the hours of public accommodations within their boundaries under the theory that such regulations is a "strictly local and internal affair," no reason militates against their prohibiting discrimination in such establishments on the basis of race or the like. The incident of both is local, and the primary and immediate impact of both is local. 207
   Of course, even if Iowa cities and towns have the authority to enact some of the substantive provisions proposed here, they will be limited in respect to the remedy which they may provide for the breach of such ordinances. Section 366.1 of the Iowa Code empowers Iowa local governments to "enforce obedience to ... [their] ordinances by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days." Consequently, this would be the maximum "fine" or "imprisonment" that could in any way be imposed for breach of municipal ordinances of the type under discussion.

VIII. CONCLUSION

   This Article has attempted to demonstrate that it is both desirable and imperative for Iowa to enact new equal rights legislation. Of necessity, the specific proposals made here are only tentative. They should provide the framework for further discussion which hopefully will result in the adoption of substantially similar legislation by the General Assembly. If the legislature does not act, our cities and towns should take the initiative. At least in the area of housing, the new "home rule" statute should permit them to enact some of the kinds of laws proposed here.
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207 See District of Columbia v. John R. Thompson Co., 346 *.S. 100 (1953). "The laws which require equal service to all who eat in restaurants in the District [of Columbia] are as local in character as laws regulating public health, schools, streets, and parks." Id. at 113.

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1964] STATE CIVIL RIGHTS STATUTES 1120 mediate impact which will often extend beyond the particular community in which they are located. For this reason, their regulation might not be considered a "strictly local and internal affair" in the same way as the conduct of local landlords might. On the other hand, if our cities can regulate the hours of public accommodations within their boundaries under the theory that such regulations is a "strictly local and internal affair," no reason militates against their prohibiting discrimination in such establishments on the basis of race or the like. The incident of both is local, and the primary and immediate impact of both is local. 207 Of course, even if Iowa cities and towns have the authority to enact some of the substantive provisions proposed here, they will be limited in respect to the remedy which they may provide for the breach of such ordinances. Section 366.1 of the Iowa Code empowers Iowa local governments to "enforce obedience to ... [their] ordinances by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days." Consequently, this would be the maximum "fine" or "imprisonment" that could in any way be imposed for breach of municipal ordinances of the type under discussion. VIII. CONCLUSION This Article has attempted to demonstrate that it is both desirable and imperative for Iowa to enact new equal rights legislation. Of necessity, the specific proposals made here are only tentative. They should provide the framework for further discussion which hopefully will result in the adoption of substantially similar legislation by the General Assembly. If the legislature does not act, our cities and towns should take the initiative. At least in the area of housing, the new "home rule" statute should permit them to enact some of the kinds of laws proposed here. ________________________ 207 See District of Columbia v. John R. Thompson Co., 346 *.S. 100 (1953). "The laws which require equal service to all who eat in restaurants in the District [of Columbia] are as local in character as laws regulating public health, schools, streets, and parks." Id. at 113.