Community Rights group comes under strong criticism from county supervisors

Supervisor Dean Thompson

There were fireworks Monday when members of the Community Rights Alliance of Winneshiek County met with county supervisors.  The group last month had promised it would return this month to give county supervisors a progress report on the petition drive calling for a "rights-based ordinance" to ban industrial frac sand mining in Winneshiek County.  Instead they faced tough questioning from the supervisors, including Dean Thompson, Dennis Karlsbroten and John Logsdon.

Thompson told the group he wanted to "put some distance" between the supervisors and the notion of a "rights-based" ordinance that would declare Winneshiek County could overrule state and federal laws.  He said he could not support an ordinance that allowed for federal and state constitutions to be ignored when convenient.

Karlsbroten questioned the Community Rights Alliance representatives about whether the "rights-based" ordinance couldn't be used to tackle more than just the frac sand issue.  "What issue will be next if this passes?" he asked the group.

Community Rights Alliance spokesperson Steve Luse told supervisors a zoning-based approach to the frac sand mining issue wouldn't work.  "This is not a land use ordinance (that we propose), this is a civil rights ordinance," he said, which led Thompson to question how the notion of civil rights could be applied in this case.

Thompson also questioned language that said the ordinance would be "enforceable against public and private action."  He called that a usurpation of power and said "That is disturbing to me."

That led to a discussion about the ordinance possibly causing a lawsuit if it were passed.  Luse said corporations use the threat of a lawsuit to get what they want.  He predicted a lawsuit "will come," but said the county could win the case.  Thompson asked, "Why would the board (of supervisors) deliberately pick a legal fight?"

The half hour discussion ended without any action being taken.

Winneshiek County's 18-month moratorium on the issuance of any permits for frac sand mining remains in effect through the end of the year.