22.8 - INJUNCTION TO RESTRAIN EXAMINATION.
22.8 INJUNCTION TO RESTRAIN EXAMINATION.
1. The district court may grant an injunction restraining the
examination, including copying, of a specific public record or a
narrowly drawn class of public records. A hearing shall be held on a
request for injunction upon reasonable notice as determined by the
court to persons requesting access to the record which is the subject
of the request for injunction. It shall be the duty of the lawful
custodian and any other person seeking an injunction to ensure
compliance with the notice requirement. Such an injunction may be
issued only if the petition supported by affidavit shows and if the
court finds both of the following:
a. That the examination would clearly not be in the public
interest.
b. That the examination would substantially and irreparably
injure any person or persons.
2. An injunction shall be subject to the rules of civil procedure
except that the court in its discretion may waive bond.
3. In actions brought under this section the district court shall
take into account the policy of this chapter that free and open
examination of public records is generally in the public interest
even though such examination may cause inconvenience or embarrassment
to public officials or others. A court may issue an injunction
restraining examination of a public record or a narrowly drawn class
of such records, only if the person seeking the injunction
demonstrates by clear and convincing evidence that this section
authorizes its issuance. An injunction restraining the examination
of a narrowly drawn class of public records may be issued only if
such an injunction would be justified under this section for every
member within the class of records involved if each of those members
were considered separately.
4. Good-faith, reasonable delay by a lawful custodian in
permitting the examination and copying of a government record is not
a violation of this chapter if the purpose of the delay is any of the
following:
a. To seek an injunction under this section.
b. To determine whether the lawful custodian is entitled to
seek such an injunction or should seek such an injunction.
c. To determine whether the government record in question is
a public record, or confidential record.
d. To determine whether a confidential record should be
available for inspection and copying to the person requesting the
right to do so. A reasonable delay for this purpose shall not exceed
twenty calendar days and ordinarily should not exceed ten business
days.
e. Actions for injunctions under this section may be brought
by the lawful custodian of a government record, or by another
government body or person who would be aggrieved or adversely
affected by the examination or copying of such a record.
f. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.8] Section History: Recent Form
84 Acts, ch 1185, § 7
C85, § 22.8