Activists protest state's $1 million insurance rule for Iowa Capitol rallies

Activists from across the political spectrum are crying foul over liability insurance requirements for groups planning rallies and protests at the Iowa Capitol.

The activists contend the requirement for $1 million in insurance infringes upon Constitutional rights of free speech and freedom of assembly. The American Civil Liberties Union of Iowa suggests that if a group cannot afford the insurance, the requirement should be waived.

The Iowa Department of Administrative Services responded to the concerns late last week saying it appreciates that the issue has been raised and will review the rule.

"We recognize that one size does not fit all," said Tami Wiencek, a department spokeswoman.

Robert Ussery, leader of the Des Moines chapter of the Iowa Minuteman Civil Defense Corps, said his organization has held rallies for the past 11 years outside the Iowa Capitol and has never been asked to provide insurance previously. His group wants to hold a rally against illegal immigration in October and a remembrance ceremony in November for people killed by immigrants, but he's having a tough time meeting the state's requirements.

"Now we may be forced to cancel because of the cost of the insurance," Ussery told The Des Moines Register.

His group typically attracts small crowds — perhaps 15 to 40 people — so it would be too expensive to pay for insurance, even $250 to cover the costs of a $1 million policy for a five-hour event, he added.

Ed Fallon of Des Moines, a former Democratic state legislator who is a leader on climate change issues, said he also received a request by state officials for $1 million in liability insurance when he planned a concert and rally on July 1 at the Iowa Capitol. The event highlighted the voice of American Indians, concerns about climate change and opposition to the Dakota Access pipeline.

Fallon described the state's insurance requirement as "crazy" and "ridiculous," adding, "We just went there anyway" and ignored the state's request. About 150 people attended the event on the south side of the Iowa Capitol.

"Legislators are always saying, 'Welcome to the People's House.' So do why do the people need $1 million in liability insurance?" Fallon said. "I figured it would be a good opportunity to just show up and see what happens."

The July event proceeded with no interference from state officials, Fallon said. The Iowa State Patrol sent troopers to monitor the rally, but they were mainly concerned about parking and were pleasant to work with, Fallon added.

Wiencek said that in deciding to review the insurance requirements, state officials recognize that consideration should be made for the numbers in attendance for the event, the length of the event and other factors such as protecting state property and possible claims.

While the issue is under review, Wiencek said state officials will reach out to the Iowa Minuteman organization. She added that time and space have been reserved for the group's events scheduled in October and November.

The state's liability insurance requirement has been in place for years, but it appears that it hasn't always been enforced. While Ussery said the Minuteman group has never been asked for insurance previously, Iowa Citizens for Community Improvement has routinely provided proof of insurance to state officials for at least a few years, said Adam Mason, CCI's state policy director. He said he had no objections to the state's requirements, recognizing there are liability issues.

Some courts have permitted charges that cover actual administrative costs, or reasonable and actual clean-up fees for such events, said Rita Bettis, legal director of ACLU of Iowa. But the government must allow a waiver for costs to groups without significant financial resources, who must not be prevented from engaging in speech simply because they cannot afford the government's costs, she added.

People should also know the First Amendment typically protects the right of political speech without a permit if marchers are on sidewalks and in public parks, Bettis said.

"While the ACLU of Iowa disagrees with the views of the Iowa Minutemen in the strongest terms, it recognizes and will defend the group's right to lawfully and peacefully express those views," Bettis added.

State Sen. Brad Zaun, R-Urbandale, who has been looking into the liability insurance issue at the request of the Minuteman group, said he believes the Iowa Capitol should be welcoming to any activist organization unless it plans to cause violence or promote violence.

"People should have the opportunity to have rallies at the Capitol, and hopefully the Department of Administrative Services will be flexible and not prohibit groups from coming in and taking advantage of that," Zaun said.