Iowa newspaper battles college publication in court

The place is Ames, Iowa -- a small college town. The competitors are two newspapers -- one student-run, the other professional.

Partnership Press, publisher of The Ames Daily Tribune, has taken legal action against the Iowa State Daily, the student-run newspaper at Iowa State University, which Partnership Press said is a government entity.

Last Friday, representatives from Partnership Press requested that the Iowa Newspaper Association lobby the state government for stronger laws about government competition, but the association denied their request, said Janette Larkin, general manager of the Iowa State Daily.

The impact of the lawsuit could extend beyond Iowa, Larkin said.

However, the unique circumstances of these lawsuits make it unlikely they will happen anywhere else, said Michael Gartner, chairman of Partnership Press and editor of the Tribune.

Still, Iowa State University editors and reporters continue to face courtroom battles against the professional editors, businessmen and lawyers who own and operate the Tribune, Larkin said.

The Tribune's lawsuits complain of competition from a government organization, the Iowa State University, Gartner said.

"Iowa has a state law similar to laws that some states have that prohibits government agencies from engaging in businesses that would compete directly with private businesses," said Mark Goodman, executive director for the Student Press Law Center in Arlington, Va.

At the center of the lawsuit is the question of whether the Iowa State Daily is part of the university or a separate entity, Gartner said.

The legal battles began in 1995, said Keesia Wirt, editor in chief of the Iowa State Daily. Five years ago, the Iowa State Daily hired a new general manager, who helped the newspaper increase from an annual loss of $140,000 to a $1.5 million profit, Wirt said.

Many college newspapers, including The Daily Collegian, have paid professional staff members.

"It's not as if the professionals are controlling the paper," Goodman said. "They are there as advisers, teachers, managers -- not as ultimate decision-makers."

However, Gartner said he thinks the professional staff at student newspapers are there to increase revenue rather than to teach, making the paper less a university function and more a competing business.

Three legal proceedings will decide the future relationship of the papers, said both Gartner and Larkin.

-- One of Partnership Press's lawsuits asked for open access to the Iowa State Daily's records to determine whether the student paper is an independent, commercial paper or a tax-supported university organization. The student paper eventually gave free access to their files, but appealed the case to the Iowa Supreme Court.

-- Another lawsuit from Partnership Press challenges an Iowa State University policy that allows nonstudent publications fewer on-campus distribution points than student publications. Larkin said the university created this policy partly to prevent stacks of newspapers from cluttering entrances to classroom buildings.

-- An administrative appeal from Partnership Press to Iowa State University questions the university's role in funding a student paper to compete against a small business, and whether the paper's mission is educational or commercial.

The Iowa Supreme Court will probably not issue a decision in the access to records lawsuit until July 1998, Wirt said.

Iowa State University has taken no position relating to the administrative appeal, Goodman said.

Even though the lawsuits have not been settled, the Iowa State Daily has already felt the effects.

Distribution off campus has been stopped, town coverage limited and the lawsuits have generated strong reactions from members of the university community, Wirt said.

Most newspaper journalism professors at the university sided with the Tribune, she said.

"Michael Gartner is pretty respected around here, but outside of this community in the journalism world, I've heard people disagree with (his lawsuit)," she said.

Yet, the Iowa State Daily staff remains strong, Wirt said, adding that about 40 members from the news, advertisement and production staffs attended the Iowa Newspaper Association meeting to show their opposition to the lawsuit.

"If nothing else," Wirt said, "it made them realize that every student in this newsroom is involved and willing to fight."