3:15PM, June 30th, 2021 an order was filed in the matter of Monroe v IFC. We just got notice a few hours ago and have digested this thoroughly now.
The result? Complete victory (and vindication) for J.D. Thompson and the Iowa Firearms Coalition on the issues under consideration in that hearing! This was a hearing on Monroe County’s Motion for Summary Judgment in their favor on the merits of their lawsuit, and on our cross-motion for partial summary judgment to dismiss the county’s lawsuit as having no basis. Judge Yates agreed with us!
In case you didn’t have a firm grasp on the situation, GO HERE to catch up. Here’s the short version.
Monroe County breaks the law by blatantly disobeying the preemption code in Iowa (724.28). Both JD Thompson and IFC point this out and ask them not to continue breaking the law. Monroe County decides trampling 2A rights isn’t enough, so they’ll double down by gutting our 1st Amendment rights – they sue IFC and JD Thompson for mentioning their lawlessness to them. IFC retains counsel. They sue us, we counter. We also add a civil rights claim.
For now, this means that J.D. and IFC face no potential for any judgment to be rendered against us, noting, of course, that the County has the right to appeal the decision. It would be tantamount to pure insanity for Monroe County to appeal, but it could happen. Linear thought and logic have proven to be absent in their decision-making criteria thus far. Our claims for constitutional violations are still pending. I would think this decision would cause some alarm among Monroe County’s attorneys in regard to their success on the constitutional matter. The attempt of the government to silence law-abiding citizens through scare tactics and lawsuits isn’t likely to set well with any court or jury.
IT IS THEREFORE ORDERED that the Motion for Partial Summary Judgment filed by Monroe County is hereby DISMISSED for lack of jurisdiction. Costs are assessed to the County.
IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment filed by J.D. Thompson and the Iowa Firearms Coalition, Inc. is hereby GRANTED. Monroe County and its officers, employees, and third parties under its control, are enjoined from enforcing any policy, practice, ordinance, or resolution contrary to Iowa Code § 724.28, including the posting of signage appearing to communicate such a policy.
IT IS FURTHER ORDERED that counsel for Mr. Thompson and the IFC are directed to file with the Court a statement of damages attributed to the Iowa Code § 724.28 violation and reasonable attorney fees so that the Court may make the proper award under § 724.28(3). Said submission shall be filed on or before July 30, 2021. Monroe County and Third-Party Defendants Amoss, Hughes, Beary, Harland, and Johnson may then file any responsive brief, if desired, on or before August 18, 2021.
IT IS FURTHER ORDERED that counsel for all parties shall jointly contact Court Administration for a trial date for the remaining counterclaims after the filing of an agreed upon discovery plan. Counsel for Thompson and the IFC shall then prepare and present a proposed Order Setting Trial to the Court on or before 9:00 a.m. on July 23, 2021.
IT IS SO ORDERED.
Find the Court Document Below for CASE NUMBER CVEQ009563
This has been a tough fight, but we’re not done yet. It isn’t over until it’s over. Please join IFC and help us wage these battles.