Judge Strikes Down State Law Permitting Cable Franchise Fees

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By Becky Ogann

Story Created: Sep 20, 2007 at 1:22 PM CST

Story Updated: Sep 20, 2007 at 4:52 PM CST

DES MOINES (AP) - A Polk County judge has struck down a portion of a state law permitting city governments to assess fees of up to five percent on cable television connections.

Judge Michael D. Huppert says in his ruling that the Legislature violated the state and federal constitutional rights of a woman who sued the city of Des Moines claiming its cable franchise fees are illegal.

In his ruling, Huppert says a law passed earlier this year that permits city governments to assess the fee and makes the law retroactive violates a person's constitutional right of due process.

He says only two types of retroactive laws in Iowa can pass constitutional muster, emergency legislation and laws passed to cure errors in earlier laws. He say the retroactive cable franchise law is neither.

Huppert says cable subscribers cannot seek damages for franchise fees paid after May 29th when the law became effective. They can, however, seek relief for fees paid before that date.

Des Moines plans to appeal to the Iowa Supreme Court.

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