2 weeks Ago
The public has waited long enough. In just over a month we’ll reach the second anniversary of the fatal collapse of the six-story downtown apartment building known as The Davenport. We learned in February that no charges will be filed in the collapse that killed three men, caused an amputation and left dozens of people without their homes and belongings.
Scott County Attorney Kelly Cunningham used the Division of Criminal Investigation report, received in April 2024, as a foundation for her decision. With the investigation complete and no charges forthcoming, the report should be made public. Taxpayers pay for the DCI investigators, the county attorney, the Davenport city government that regulates buildings within its city limits and the police and fire personnel who responded in the aftermath of the collapse.
The public owns the report. The partial collapse of the apartment building at 324 Main Street on May 28, 2023, was the deadliest local disaster in recent history with repercussions still being felt throughout the Quad-Cities. Yet, many questions remain.
Does the DCI report answer those? We deserve to find out. Yet, Cunningham has not made the report public. Initially, she said didn't plan to release the report because she believes it should be part of the process for the many civil cases regarding the building collapse.
However, the report was part of a criminal investigation and the civil cases should have no bearing on whether the public is allowed to see the investigation for which it paid. Causing further delay, Cunningham is now asking the Iowa Public Information Board for a declaratory judgement on whether the report should be released. The Iowa Public Information Board helps resolve public records disputes.
We argue there is no dispute here. The investigation is complete and the report should now be public. A report summary did find its way into the public recently, but it revealed no new information.
Randy Evans, executive director of the Iowa Freedom of Information Council, says Cunningham absolutely has the authority to make the entire report public. "She doesn't need the opinion of the Iowa Public Information Board." Evans told the Quad-City Times that releasing the most comprehensive report of what occurred at The Davenport is the kind of opportunity public record law was written to address.
In the request to the Iowa Public Information Board, the county is making the case that the report should not be released because doing so might endanger city officials or the building owner and manager. "Releasing the report will not change the decision of the County Attorney regarding criminal charges. But it could impact the safety of individuals and potentially the ongoing civil litigation," Assistant County Attorney Kristina Lyon wrote in the filing.
Included in the filing are affidavits from building owner Andrew Wold and property manager Sarah Tyler regarding threats they've faced since the building collapse. Tyler said her children received death threats, and she's had to change her phone number twice. Wold was threatened in person.
This behavior is reprehensible and uncalled for. We expect the police investigated these threats and provided Wold and Tyler the protection afforded all citizens. Those threats were a result of the collapse that occurred nearly two years ago.
Why would the release of the DCI report now put Wold, Tyler and others in danger? "Cunningham seems more concerned about the safety and well being of the building owner and manager than whether the citizens of Davenport will be protected going forward," Evans said. The filing seems out of balance. Where are the affidavits from the former residents of The Davenport and the families who lost loved ones? Shouldn't their experiences inform a decision on whether the potential harm of releasing the report outweighs the public benefit? The affidavits in the filing appear to support only one side of the issue.
Where are the arguments for the public benefit? We don't know what's in the report, but not releasing it denies the public the ability to decide on their own what leaders need to do to prevent another catastrophe. How can we learn without all the facts? The facts don't belong to public officials. They belong to all of us.
Public information can be inconvenient and uncomfortable, but it is vital for a citizen-powered government. Release the DCI report. Get opinion pieces, letters and editorials sent directly to your inbox weekly!.
