Mitchell County declines appeal to Supreme Court
By Jean Caspers-Simmet
simmet@agrinews.com
Date Modified: 02/23/2012 9:19 AM
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OSAGE, Iowa — The Mitchell County Supervisors have voted unanimously not to appeal an Iowa Supreme Court decision that their road protection ordinance is unconstitutional to the U.S. Supreme Court.
On Feb. 3, the Iowa Supreme Court ruled the ordinance that bans steel wheel tractors on hard surface roads violated Matthew Zimmerman's constitutional right to freely exercise his religion. Zimmerman and his family are Old Order Groffdale Conference Mennonites, and their tractors must be equipped with steel wheels. The supervisors passed the 2009 ordinance because they said steel wheels were damaging their new roads.
"The correct legal and economic decision is not to appeal," said County Attorney Mark Walk. "The emotional decision is to appeal."
Walk said he thought that if there was one issue where the court might rule against the county, it was the one where it did rule against them — the ordinance was too restrictive because it banned steel wheels.
"We had that language so we didn't have to have an engineer testify every time that damage was caused because the engineer had already said it was impossible to drive a steel wheel tractor on the road without casing damage," Walk said.
The supervisors amended their ordinance in August 2010 to say a steel wheel tractor could drive on a hard surface road as long as it didn't cause damage. It also stiffened fines.
The new ordinance mirrors Iowa Code, and in his opinion is less restrictive, Walk said.
Walk said the county will enforce its amended ordinance and state code. If someone is convicted and moves to dismiss on grounds the ordinance is unconstitutional, the county will go through the same process th the Supreme Court again.
Supervisor Stan Walk said he opposed a U.S. Supreme Court appeal.
"We've got the new ordinance, and that's what we're interested in, protecting our roads," supervisor Walk said.
Someone in the audience asked if steel wheels caused more damage than general traffic.
"We have a number of items causing damage," said supervisor Walk. "We have honey wagons that are too heavy. We can't do anything about it, animal husbandry. A manure spreader got too close to the edge of a gravel road one spring, sunk down almost to their axle and we had to get out there all day on a Saturday to repair the road. We couldn't charge them with anything. We're not trying to pick on these people. We're trying to protect our roadways that we're spending a lot of money on."
"I'm the oldest one here, I think," said Lorraine Klaes of New Haven. "I've won some, lost some, and you go on. You supervisors did right, you went to court, the judge decided, and you might say, you lost, and you might as well go on. I think if we keep going on this route, the people will look at your group as going against the Mennonites. I think there are other things that need your attention."
Matthew Zimmerman's attorney Colin Murphy of Clear Lake said the supervisors are wise not to appeal.
If people are cited under the new road protection ordinance or state law, and they ask him to represent them, Murphy said he would.