Iowa Civil Rights Commission v. DUBUQUE AERIE #568 OF THE FRATERNAL ORDER OF THE EAGLES, a/k/a DUBUQUE FRATERNAL ORDER OF EAGLES NO. 568, a/k/a DUBUQUE ASSOCIATION NO. 568 OF THE FRATERNAL ORDER OF EAGLES,

04/06/2017
Document Text Content: 

Before the Iowa Civil Rights Commission

IOWA CIVIL RIGHTS COMMISSION,

State Law Enforcement Agency,

and

MICHAEL FISHNICK and PATRICIA

KELLY,

Complainants,

vs.

DUBUQUE AERIE #568 OF THE

FRATERNAL ORDER OF THE EAGLES,

a/k/a DUBUQUE FRATERNAL ORDER OF

EAGLES ) NO. 568, a/k/a DUBUQUE

ASSOCIATION NO. 568 OF THE

FRATERNAL ORDER OF EAGLES, an Iowa

nonprofit corporation, and STEVE KUHLE,

Respondents.

ICRCCaseNos.:

03-13-64009 and 03-13-63965

DIANo.:14ICRC009

14ICRC010

FINAL ORDER

The Administrative Law Judge's Supplemental Proposed Decision, dated November 21,

2016, is adopted with the exception of the following:

1) Page 13, paragraph 5 is reversed.

2) Pages 9 and 10, and the first paragraph of page 11 (section B-Personal Liability of

Respondent Steven Kuhle) are stricken.

The Proposed Decision dated September 2,2015 is affirmed against the non-profit DUBUQUE

AERIE #568 OF THE FRATERNAL ORDER OF THE EAGLES, a/k/a DUBUQUE

FRATERNAL ORDER OF EAGLES NO. 568, a/k/a DUBUQUE ASSOCIATION NO. 568 OF

THE FRATERNAL ORDER OF EAGLES, an Iowa nonprofit corporation, but is reversed as to

Respondent Steve Kuhle. Steve Kuhle's actions as a trustee of the non-profit organization form

the basis for this FINAL ORDER, but he is not personally liable as an individual due to the

immunity provided for in Iowa Code Section 504.901 (1).

3) Damages are awarded as indicated for all parties in the Administrative Law Judge's

Proposed Decision September 2, 2015.

4) The Administrative Law Judge's award of Complainants Fishnick and Kelly's

Attorney's fees of $25,077 as of September 13,2016 is affirmed.

5) The emotional damages are affirmed in total as proposed by the Administrative Law

Judge on September 2, 2015,

Commissioner Conley dissented solely on the emotional damages award, and indicated he would

not award any emotional damages.

Dated this 6th day of April, 2017.

Angela Jackson 

Chair, Iowa Civil Rights Commission

Copy to:

Law Office of Robert Sabers

3003 Asbury Road

Suite 1

Dubuque, Iowa 52001

sabers@yousq.net

saberslaw(%vahoo.com

COMPLAINANTS' COUNSEL

Allan Richards, Attorney at Law

P.O. Box 448

Tama, Iowa 52339

allanmaxrichards (%aol. corn

RESPONDENTS' COUNSEL

Tyler Buller

Assistant Attorney General

Civil Rights Section

Hoover State Office Building, Second Floor

Des Moines, Iowa 50319