Radio Iowa, IA
07-27-07
Supreme Court upholds Ames "Animal House" ordinance
By Darwin Danielson
The Iowa Supreme Court has upheld an Ames city ordinance that seeks to keep
some homes in the city from becoming full of college students. The Ames City
Council passed an ordinance in 2000 that limits the number of unrelated people
who can live in houses in certain residential areas to three. The city was trying to
stop large numbers of Iowa State University students from getting together and
moving into residential homes.
The Ames Rental Property Association, a group of people who owned some of
the homes, sued the city after they and their tenants were cited under the
ordinance for renting the homes to more than three people. The association said
the ordinance violated the equal protection clause of both the Iowa and U.S.
Constitution. The Story County district court ruled the ordinance was
constitutional as it found the ordinance was related to a legitimate government
interest.
The Iowa Supreme Court upheld the ruling saying the city is trying to provide
quiet and peaceful neighborhoods, with low and stable population, limited
congestion of motor vehicles. The High Court says it is a reasonable attempt to
address concerns by citizens who fear living next door to the hubbub of an
"Animal House," a reference to the 1978 movie about a house full of rowdy
students -- and therefore in the government's interest in providing quiet
neighborhoods for its citizens.
The court ruled 4-3 in favor of the city of Ames. Justice David Wiggins wrote the
dissenting opinion, saying while the ordinance does not violate the U.S.
Constitution, he believes it does violate Iowa's constitution. Wiggins writes the
ordinance is both overinclusive and underinclusive because it is irrational to
suppose the type of relationship persons residing in a home have to each other
has any rational bearing on the character or behavior of those persons.