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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1113

1964]     STATE CIVIL RIGHTS STATUTES     1113

other citizens. This corroborates and emphasizes the notion that the termination of the prohibited practices should be the sole objective of equal rights legislation.
   The Iowa courts have held that although the present public accommodations statute expressly provides only a criminal penalty, a civil action for damages can also be predicated upon it.154 Presumably this will be equally true of the fair employment practices act enacted this past session of the legislature.
   Enforcement of these kinds of statutes by a civil action for damages prosecuted by the injured party has certain advantages over the criminal approach.155 Unlike criminal prosecutions, injured parties can themselves institute the action to vindicate their legal rights. The incentive of a possible economic gain may also increase the likelihood that they will do so. Also, in civil suits for damages, proof need only be by the preponderance of the evidence. Further, if substantial exemplary damages are awarded, the pecuniary detriment to the defendant will be greater than the nominal fines normally imposed under criminal civil rights statutes. A greater deterrent effect may therefore be achieved.
   However, civil suits for damages prosecuted by the injured party also suffer severe defects which render them an undesirable mode of enforcing antidiscrimination acts. Like criminal prosecutions, they usually give the defendant a right to jury trial. As previously noted, this will permit defendant to avail himself of a body that may be as prejudiced as he is or may be out of sympathy with the objectives or approach of antidiscrimination legislation. Additionally, private damage suits will involve the expense of engaging counsel; and plaintiff's lawyer's fees are unlikely to be recompensed by the relatively small amount of damages awarded, even if they are won. Further, the burden of going forward in such suits remains on the members of our minority
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154 Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330 (1905).
     During the [decade from 1939 to June 1950] ... fourteen civil actions for damages were reported to have been filed against three defendants. Eight of these cases paralleled criminal prosecutions. Of these fourteen cases, only one resulted int he assessment of damages against the defendant, and this amounted to the sum of one dollar. In ten cases, the actions were dropped upon the agreement to refrain from further discrimination. In three cases, the jury found for the defendant. Goostree, supra note 148, at 244.
155 See generally GREENBERG, op. cit. supra note 146, at 16; Note, Public Accommodations: Remedies for Denials of Equal Treatment, 7 ST. LOUIS U.L.J. 88, 92-93 (1962). One advantage of any statute providing only civil remedies is that it can, unlike penal statutes, be construed very broadly to effectuate its purpose. Since the damage action in Iowa is predicated on a criminal statute no advantage is gained in this respect under our present statutes.

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1964] STATE CIVIL RIGHTS STATUTES 1113 other citizens. This corroborates and emphasizes the notion that the termination of the prohibited practices should be the sole objective of equal rights legislation. The Iowa courts have held that although the present public accommodations statute expressly provides only a criminal penalty, a civil action for damages can also be predicated upon it.154 Presumably this will be equally true of the fair employment practices act enacted this past session of the legislature. Enforcement of these kinds of statutes by a civil action for damages prosecuted by the injured party has certain advantages over the criminal approach.155 Unlike criminal prosecutions, injured parties can themselves institute the action to vindicate their legal rights. The incentive of a possible economic gain may also increase the likelihood that they will do so. Also, in civil suits for damages, proof need only be by the preponderance of the evidence. Further, if substantial exemplary damages are awarded, the pecuniary detriment to the defendant will be greater than the nominal fines normally imposed under criminal civil rights statutes. A greater deterrent effect may therefore be achieved. However, civil suits for damages prosecuted by the injured party also suffer severe defects which render them an undesirable mode of enforcing antidiscrimination acts. Like criminal prosecutions, they usually give the defendant a right to jury trial. As previously noted, this will permit defendant to avail himself of a body that may be as prejudiced as he is or may be out of sympathy with the objectives or approach of antidiscrimination legislation. Additionally, private damage suits will involve the expense of engaging counsel; and plaintiff's lawyer's fees are unlikely to be recompensed by the relatively small amount of damages awarded, even if they are won. Further, the burden of going forward in such suits remains on the members of our minority ________________________ 154 Humburd v. Crawford, 128 Iowa 743, 105 N.W. 330 (1905). During the [decade from 1939 to June 1950] ... fourteen civil actions for damages were reported to have been filed against three defendants. Eight of these cases paralleled criminal prosecutions. Of these fourteen cases, only one resulted int he assessment of damages against the defendant, and this amounted to the sum of one dollar. In ten cases, the actions were dropped upon the agreement to refrain from further discrimination. In three cases, the jury found for the defendant. Goostree, supra note 148, at 244. 155 See generally GREENBERG, op. cit. supra note 146, at 16; Note, Public Accommodations: Remedies for Denials of Equal Treatment, 7 ST. LOUIS U.L.J. 88, 92-93 (1962). One advantage of any statute providing only civil remedies is that it can, unlike penal statutes, be construed very broadly to effectuate its purpose. Since the damage action in Iowa is predicated on a criminal statute no advantage is gained in this respect under our present statutes.