Wilson’s last argument stated Section 718A.1 can’t be constitutionally applied because such displays are exempt from prosecution and conviction under the free speech provisions of both constitutions.

Maughan said he found “no such ‘exemption’” in case law or in any other current ruling cited to the court.

Concerning the alternative motion to dismiss, Wilson argued Roe’s pending civil suit in U.S. District Court for the Southern District of Iowa seeks a declaration that Iowa Code Section 718A.1 is facially overly broad and unconstitutional and that in the interest of judicial economy the court should defer the prosecution by dismissing the charge without prejudice.

Maughan said Wilson admitted during the hearing that the alternative motion to dismiss “was more of an offer to the county attorney” and that there’s no statutory authority for magistrate court to grant the alternative motion.

The judge also said Iowa Rule of Criminal Procedure 2.33 (1) provides that dismissal of a simple misdemeanor is a bar to another prosecution for the same offense.

“Because the court does not have the statutory authority to dismiss the charge without prejudice, the motion should be denied,” Maughan concluded.

Cindy Toopes can be reached at (641) 683-5376 or via e-mail at cindy@ottumwacourier.com.