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by Sondra Wilson. [email protected]. Posted 8/15/2024.
As a transgender woman, I am no stranger to discrimination. I’ve experienced it in many forms over the years, from derogatory comments made by passers-by to bosses suddenly firing me after they learned I was transgender, then telling me they “felt uncomfortable”. In fact, over the years, phrase “felt uncomfortable” became a telltale sign that their “discomfort” was directly related to me being transgender. Another instance was at a job interview I attended, arranged by the owner of a business in Northern California. The manager walking into the interview room, looked at me, told me to come with him, then led me to the rear alley because he “wasn’t going to waste our time” with an interview. He said he had seen me around town and “felt uncomfortable” around me. When I was kicked off the property and given a vague explanation by Reliable Street in Ames, Iowa, I was told the same words – someone complained that I made them feel “uncomfortable”. No specific actions I performed were told to me (nor do I believe there were any). With regard to the Reliable Street case, I had hard evidence I was discriminated against and that the respondents lied to the Iowa Civil Rights Commission after I field a complaint. I showed several pieces of evidence to the Commission, but they closed the case regardless. When the Commission turned me away, I took other steps, detailed below. The State’s harmful response and unwillingness to hold anyone accountable, detailed below, gave rise to a large part of my lawsuit against the State. You can read the excerpt from my Amended Petition re: Fraudulent misrepresentation by the Iowa Civil Rights Commission, State doesn’t hold businesses accountable for lying to the Commission, or read the summary below.
One last thing before we begin, on May 17, 2024 – approximately two months after I filed suit – the State of Iowa’s Legislative and Executive branches shut down the Iowa Civil Rights Commission! Instead of coming to the table with regard to the five desperately-needed reforms I requested within my lawsuit, the State shut down the one agency where minorities can go to file discrimination complaints! Where will people of color, people with disabilities, women who experience sex-based discrimination, LGBT+ people, and other vulnerable populations when they experience outright prejudice and the harms that are done to your life that come with it? My lawsuit seeks to halt the State’s plan to shut down the commission, and instead seeks 5 key reforms. Read more.
The State of Iowa’s response to my discrimination complaint led to part three of my suit against the State:
Additional details about the Iowa Civil Rights Commission’s response, followed by (in)actions by other agencies:
Although the Commission’s website states, “During the screening stage, the Commission draws all “rational, reasonable, and otherwise permissible” inferences in Complainant’s favor, it was apparent that, by reading the Commission’s preliminary evaluation, that they drew all ‘rational, reasonable, and otherwise permissible’ inferences in the Respondents’ favors. Essentially they appeared to have bent over backwards to
The ICRC appeared to bend over backwards in favor of the businesses within the evaluation and determination letter they sent me following my complaint. ICRC did not do as they say on their website, hence my fraudulent misrepresentation: ICRC appears to mislead taxpayers and complainants, and endangers victims of discrimination via not screening in cases wherein a “reasonable possibility of probable cause” is shown.
§ 15 – ICRC withholds crucial information from victims of discrimination which could be used to prove their cases within their appeals to the ICRC, and to prospective attorneys who might otherwise be able to help them with their case
56. When ICRC closed my case, they sent a preliminary case review (ATTACHMENT F
– ICRC’s preliminary case review). The review referenced various pieces of evidence, such as
text messages, which were not shown to me, but instead described vaguely. Their evaluation also
contained hearsay, such as “PRESIDENT states that SONDRA had become obsessed with
EMPLOYEE, to the extent that SONDRA was stalking and harassing her.” (page 3 of
ATTACHMENT F). This statement, for example, gave me no indication whether:
a.) The PRESIDENT lied about my “stalking and harassing” the EMPLOYEE in retaliation for filing the complaint, or
b.) The EMPLOYEE lied to the PRESIDENT and said these things.
57. On September 30, 2022 I requested a copy of the case file so I could view the actual
documents submitted to the ICRC by the Respondents (ATTACHMENT G – requested case file
from ICRC). Ramona Ubaldo wrote back, “Unfortunately unless you request the Right To Sue you
are not entitled to the complete file, meaning, you can only receive what was sent to you or received
from you. If you desire the complete case file you will need to request the RTS. BUT you absolutely do
not want to request the RTS until you speak with an attorney.”
58. The Letter of Right-to-Sue Ramona referenced was written about within ATTACHMENT H
– how to request a Letter of Right-to-sue, which was sent to me by the ICRC at the time they closed my
case. The document states, “You have a right to file a lawsuit within (90) days of the issue date of the
letter of right-to-sue.” Although I required the case file in order to view the hard evidence instead of
hearsay (ATTACHMENT F), I did not order the Letter of Right-to-sue because at the time I did not
possess nearly enough knowledge to figure out how to file a lawsuit within the 90 day limit.
59. ICRC advised me on multiple occasions to “find a private attorney from the State
BAR website”. As shown in line 57, I was told, “[Y]ou absolutely do not want to request the [Letter
of Right-to-sue] until you speak with an attorney.” Attorneys, however, tend to invest in meritorious
cases they believe will win. Multiple attorneys asked me for evidence with regard to my claim.
Although I did possess some hard evidence that the Respondents lied to ICRC in order to convince
ICRC not to investigate, the most crucial pieces of evidence were withheld from me by the ICRC
due to their arbitrary “Letter of Right-to-sue” restriction and 90-day time limit. I would later find out,
after I took ICRC’s advise with regard to trying to find an attorney, that the evidence ICRC
withheld from me included a falsified document wherein at least one of the Respondents (or their
employee) rearranged screenshots of messages between the employee I was falsely accused of
stalking and myself in order to convince the ICRC that the discriminatory action Respondents
took against me was not in fact discriminatory, but rather justified. This was one of several
crucial pieces of evidence I was unable to show the multitude of attorneys I contacted to request
help! I firmly believe that if I would have been given the evidence by the ICRC, I would have
had a much better chance of finding an attorney who was willing to help.
60. After contacting more than 50 attorneys and seeking multiple other avenues to try to
find help, as shown in ATTACHMENT C – legal assistance sought, I began studying the Iowa
Rules of Procedure so that once I requested the Letter of right-to-sue, I would be able to file
myself in case I was unable to find representation. By my count, when you add up the Iowa
Rules of Civil Procedure and the Iowa Rules of Evidence, there are a total of 372 rules in total. I
personally find some of the rules very difficult to read for regular Citizens such as myself
because they are written in a confusing way. Additionally they seem to be scattered in places. Some rules which could apply to the pretrial phase, are tucked further back in the rules instead of
being placed near the beginning. With so many rules, and no downloadable templates for
Petitions or Motions available for download on the state website as far as I could tell, untangling
these rules and figuring out how to actuate them has felt like a crossword puzzle from hell. I have
been studying law for years. I can’t imagine how frustrating and confusing they must appear to
other Iowans who find themselves in a similar situation as myself, unable to afford legal
representation. I am reminded of the quote by Abraham Lincoln from an 1859 speech, “The
people of these United States are the rightful masters of both congresses and courts, not to
over-throw the Constitution, but to over-throw the men who pervert that Constitution.”4 How
can we be the “rightful masters” of the courts when they are made to be so complex and
confusing that you need to hire a professional in order to interpret how to access them?
Later in this lawsuit I will be requesting the court to help remedy this situation in a manner that
will help all Iowans. Meanwhile, here is where I have been organizing the rules into a step-by-
step not only for my own use, but also to make available to other Iowans who might find
themselves in the unfortunate situation of not being able to find legal assistance after having
been very badly hurt, as I have been:
Iowa Rules of Courtroom Procedure simplified:
https://drive.google.com/drive/folders/1ZpEnOZYImPQ0mLg0YajiQehfYYndGInY?usp=drive_link
I am still in the process of untangling and studying the rules, and I respectfully request grace
from the court for any procedural errors I might make, that I may kindly have the opportunity to
amend such errors.
§ 16 – ICRC’s harmful, arbitrary process they make victims of discrimination adhere to effectively reduces the limitations period for complainants to two months instead of two years!
61. After the pretrial rules were mostly organized, on August 7, 2023 I requested the
Letter of Right-to-sue.5 The following day I performed a second request for the case file,6 and
on October 11 I finally received it.7 Time limits for most types of civil cases in Iowa range from
two to five years,8 The ICRC’s harmful process, however, effectively left me with less than two
months to file the suit after receiving the evidence. I did have time to contact every attorney I
had previously contacted (ATTACHMENT C) in order to try to find representation again now
that I had rock hard evidence, including the falsified document, especially due to the fact that I
was attending DMACC for the semester, and had to focus on schoolwork. From the time I
received the evidence until the filing deadline, I was effectively left with less than two months
for a limitations period. If ICRC did not have this unnecessary deadline and withholding of
evidence within their procedure, the limitations period normally would have ended on March 31,
2024. Instead I was made to file no later than December 5, 2023. I have studied law for more
than a decade, and I worked diligently to make sure both these suits while also trying to focus on
my schoolwork and preparing to transfer to ISU. I believe it is safe to assume that the courts sees
very few pro se litigants who are able to meet these unfair and strenuous deadlines ICRC
imposes, especially in light of how confusing the Rules of Procedure are to decipher for non-
lawyers. This lawsuit is not just about me. It is not just about transgender Iowans. LGBT+ and
BIPOC, and other vulnerable populations who are supposed to be protected by the Iowa Civil
Rights Act are affected by the inaccessibility of the courts and the unfairness of ICRC’s
obstacle-course like process. I contacted more than 20 news outlets to cover my story. It breaks
my heart to think about how many Iowans who face discrimination find themselves harmed,
devastated, and without help while in such circumstances. I believe it is highly likely we never
hear those stories. Equitable remedies I request at the end of this petition are designed to improve
and strengthen ICRC’s process to make it fair for victims trying to find help. My testimony
herein corroborates a recent study discussed in the following article released last year in the Des
Moines Register, “Iowa should stop tilting the scales in civil rights cases” by Lucas
Grundmeier.9 Although it is an opinion article, it should be clear by reading about my
experience how tilted, in fact, the scales of justice are when it comes to civil rights cases: the
STATE OF IOWA has its thumb firmly pressed down upon one side of the scale in order to
shield businesses from liability for civil rights violations. The STATE OF IOWA substantially
reduces limitations periods for victims of discrimination, thereby diminishing the victim’s due
process rights.
§ 17 – Fall 2022:
ICRC directs victims of discrimination to file with Legal Aid organizations who cannot help with discrimination cases; “the left hand doesn’t know what the right hand is doing”
59. Upon closing my case, ICRC advised me, on multiple occasions, to find a private
attorney from the State Bar website. After calling more than 50 attorneys and law firms across
the state, the least expensive quote I received was “$275/hr., $5000 up front” from Widdison
Law Firm. This, of course, is far, far beyond what I can afford! Remember, I was (and am) still
recovering from years of homelessness caused in large part by STATE OF IOWA employees.10
60. When I brought this to ICRC’s attention on November 2nd, 2022, Intake Specialist
Ramona Ubaldo provided a list of legal aid organizations for low-income persons
(ATTACHMENT M – requested legal aid low-income Iowans). Every organization on the list
they provided me (except University of Iowa Law Clinic11) told me that they “don’t take fee-
generating cases”12 and were not allowed to handle this type of case. The fact that ICRC directs
low-income, vulnerable populations to legal aid organizations who may not help with these types
of cases shows that the STATE OF IOWA has been neglecting Iowa’s most vulnerable
populations. Why is ICRC directing vulnerable populations, who frequently suffer from poverty
more so than other demographics, to go out and find an expensive attorney? The ICRC, more so
than perhaps anybody, should be aware of the poverty and hurdles that members of vulnerable
populations so often unfairly endure. Many people have told me me, with hope in their eyes,
“You might be able to find an attorney to help you pro bono,” or “Some lawyers will work on
contingency,” however based upon my experience this appears to be far less common than many
people believe. Perhaps the more pressing question we should be asking, however, is, “Why does
the ICRC direct victims to seek legal assistance from organizations who may not handle
discrimination cases? It is a case of reckless disregard; Iowa is neglecting its most vulnerable
populations! If the ICRC did not know that the list of organizations they provided me did not
help with these types of cases, then it is a case of “the left hand doesn’t know what the right hand
is doing”.
61. The average Iowan earns $23.22/hr.,13 while the average rate for a civil litigation
lawyer in Iowa is $238/hr..14 Attorneys typically charge thousands of dollars for a retainer –
something impoverished Iowans don’t often have on hand (I certainly don’t!). In fact, 92% of
low-income Citizens cannot find/afford legal assistance for civil matters!15 Now let’s take into
account the fact that the ICRC typically deals with vulnerable populations whom are protected
by the Iowa Civil Rights Act. These demographics often face increased rates of poverty directly
related to additional obstacles and discrimination we more frequently endure. The percentage
must be higher than 92%. When ICRC turns victims away and doesn’t investigate cases even
when it is shown that the Respondents lied to them, ICRC turns the victim away and sends them
up Shit’s Creek with a turd for a paddle!
§ 18 – Fall 2022:
Attempted to file a complaint with Ames PD, Story County Attorney’s Office,
Attorney General’s Office, and Office of the Ombudsman; I was denied “equal protection of the laws” by Story County Attorney, and discovered hard evidence of fraudulent misrepresentation by the ICRC
62. Prior to requesting the Letter of Right-to-sue, I contacted Ames Police and the Story
County Attorney’s Office in order to file a complaint against the Respondents for fraudulently
submitting false information to a government agency.
(i) I attempted to file a complaint against the Respondents with the Ames Police Department. Although unsure of the charges, it was reasonable to assume that “knowingly submitting false information” to a government agency would be a crime. Supervising Officer Schieffer would not allow me to file a complaint. He told me that he was unsure if Ames PD had jurisdiction over statements submitted to the ICRC. He urged me to call ICRC and ask who has jurisdiction over statements submitted to them.
(ii) I was initially told by the Receptionist at ICRC that “no one” has jurisdiction over statements submitted to them. After thinking about the matter further, she told me I could file with the Attorney General’s Office.
(iii) On Oct. 25, 2022 I filed with the Attorney General’s Office via the Crime Victim Services Application.16 Although it did not appear to be an ideal place to file, the Attorney General’s Office is the only place I had been recommended to file, and I did not see anywhere else on their website wherein I could file. “Victim services”, however, did make sense, because I was victim of a crime which had not been prosecuted. I figured the AG would at least point me in the right direction. In response to my application, Investigator Al Perales advised me to file with the AG’s fraud department instead of Victim Services. Personnel in the fraud department informed me, however, they do not investigate “this type of fraud”. They mainly only investigate identity theft cases.
(iv) On October 28, 2022 I attempted to file a complaint with the Story County Attorney’s Office. The Receptionist told me that it is “not illegal to submit false statements to the Iowa Civil Rights Commission”, and that they would not be taking action.
(v) After additional research, I discovered that the Respondents did in fact violate Iowa Code §714.8(4), “[A]ny person who makes any entry in… any public records… knowing the same to be false.” is guilty of fraud. Records generated by the Iowa Civil Rights Commission are “public records” according to Section 22.1).17 I emailed Officer Schieffer, Ames PD, with regard to this, again requesting to file a complaint. After forwarding my email to the Story County Attorney’s Office, he told me that the case was not within Story County’s jurisdiction, and that I needed to file in Polk County. I then called the Des Moines Police Department. Officer Niman informed me that if it was in their jurisdiction, then I should still file the complaint with Ames PD and they will then transfer the complaint to Polk County. Officer Niman sounded perturbed, telling me, “They know this. I don’t know why they told you to file with us.” I then emailed Officer Schieffer again. He responded, “The Story County Attorney’s Office advised that the case was not within our jurisdiction. Additionally, when they looked over the information that you provided in the email, they advised that they not prosecute the case even if it was in our jurisdiction.” It appears to me that either:
The Ames Police Department and Story County Attorney’s Office are guilty of a form of official misconduct called nonfeasance (not doing their job). In this case, as a victim of criminal fraud, I was not provided “equal protection of the laws” as guaranteed by the 14th Amendment! As a victim of the crime, I was therefore not able to recover restitution. The Ames Police Department ought to have, at the very least, allowed me to file a complaint so I could comply with the Exhaustion-of-Remedies Doctrine prior to filing suit. The Story County Attorney and Ames Police appear to have violated the Iowa Civil Rights Act for denying me “public accommodation”. Id. § 216.2(136). I was discriminated against by the Story County Attorney, who appears to have put his reputation with regard to the next election ahead of his office duties. He appeared to have been concerned that prosecuting a business for defrauding a transgender woman would reflect poorly upon his campaign for re-election due to how it might affect his standing within the business community.
(vi) On November 11, 2023 I filed a complaint with the Office of the Ombudsman in order to review the ICRC’s work with regard to my case. The Ombudsman’s response reviewed whether or not the Commission adhered to proper administrative procedure, but not whether or not their determinations were meritorious. The Ombudsman’s response gave clear indication that ICRC’s website fraudulently misrepresents, to both complainants and Iowa taxpayers, what is to be expected from them. The Ombudsman wrote:
“[N]othing in the administrative rule describes a process by which the Iowa Civil Rights Commission must detail or explain the reason for denying a reopening. All that is required under rule 161-3.16(3) is a notice to the parties that the denial was made.”
“Estabrook v Iowa Civil Rights Commission 283 N.W.2d 306 (Iowa 1979). The Court viewed the [ICRC]’s process as a mere administrative remedy, with the complainant having the option of filing a civil claim of discrimination in state or federal court once that administrative process is exhausted. Id. At 310. The Court determined that the legislature did not intend the [ICRC] to process every complaint even if it generated a prima facie case for discrimination This gives the Iowa Civil Rights Commission broad authority to determine which cases to process, even for cases that present a prima facie showing of discrimination.”
If ICRC is under no obligation to screen in a case even if there is probable cause, they should state that on their website. What they currently have written on their website is misleading, that if there is a “reasonable possibility of probable cause they will screen in case”. This does not align with their actual practice and procedure. and amounts to fraudulent misrepresentation by the STATE OF IOWA. The state ought write what one might reasonably expect on the website, that they are under no obligation to screen in a case, even when there is prima facie evidence of discrimination. What they currently have written misleads victims of discrimination and taxpayers.
63. According to the textbook used in my Business Law (BUS-185) class at Des Moines
Area Community College, Business Law Today by Roger LeRoy Miller,18 fraudulent
misrepresentation is, “Any misrepresentation, either by misstatement or by omission of the
material fact, knowingly made with the intention of deceiving another and on which a reasonable
person would and does rely to his detriment.” According to Ballantine’s Law Dictionary , “A
representation proceeding from, or characterized by, fraud, and the purpose of which is to
deceive. 37 Am J2d Fraud § 2. A representation that is knowingly untrue, or made without belief
in its truth, or made recklessly, and, in any event, for the purpose of inducing action upon it.
Clark v Haggard, 141 Conn 668, 109 A2d 358, 54 ALR2d 655.”19
64. My heart weeps for other Iowans who found themselves in similar situations as
myself, where the only government agency we have to turn to when discrimination occurs turns
us away and directs us to resources who cannot or will not help. As a person who was raised as a
while male, I am aware Ireceived opportunities and privileges many BIPOC people were not
afforded. I can ponder what it must be like for most people – people who have not performed
years of research in order to be able to file a lawsuit without the help of an attorney, as I have.
They likely file with the ICRC, are unfairly turned away, and leave jaded and disappointed by the
system. Many of those Iowans, like myself, were raised in public schools, where we learned
about Martin Luther King Jr., Abraham Lincoln, and together put our hands over our hearts and
swore our allegiance to this nation, “With liberty and justice for all.” I am so disappointed in the
STATE OF IOWA for not upholding these vital promises of our state and nation. It is apparent
that other victims who have valid complaints are turned away and advised to seek aid where
where is none. Here is another article by the Des Moines Register which indicates this very
fact: “Why 60% of Iowa workers’ civil rights complaints aren’t investigated; why process is so
difficult” by F. Amanda Tugade.20 Note also that ICRC has a score of 1.2 for its Google review
score. Reviews show similar experiences as I had, showing “overwhelming evidence” to ICRC
only to have cases closed. Here are some posts in the Google reviews:
1Due to the very public nature of this lawsuit, the names of the organizations and individuals I am suing are omitted within this document. For specific names, see ATTACHMENT E – Amended Petition for Case # LACV053674.
2See ATTACHMENT E – Amended Petition for Case # LACV053674.
3“13AO:0001 Request for Advisory Opinion, Iowa Civil Rights Commission.” Iowa Public Information Board, 27 Nov. 2023, ipib.iowa.gov/advisory-opinion-icrc.
4History – Abraham Lincoln Papers – Collection Connections | Teacher Resources – Library of Congress, web.archive.org/web/20190120213237/https:/www.loc.gov/teachers/classroommaterials/connections/abraham-lincoln-papers/history3.html. Accessed 22 July 2024.
5ATTACHMENT I – requested Letter of Right-to-sue.
6ATTACHMENT J – second request for case file.
7ATTACHMENT L – case file for ICRC case CP#04-22-78265.
8Iowa Statutes of Limitations – Findlaw, www.findlaw.com/state/iowa-law/iowa-statutes-of-limitations.html. Accessed 22 July 2024.
9Grundmeier, Lucas. Opinion: Iowa Should Stop Tilting the Scales in Civil Rights Cases, The Des Moines Register, www.desmoinesregister.com/story/opinion/editorials/2023/05/14/iowa-civil-rights-commission-tilting-scales/70204156007/. Accessed 15 Nov. 2023.
10See lines 19 – 37.
11Although I was not told U of I may not help with “fee-generating cases”, I suspect that is the case. I was told that the Professor who heads that department was retiring, so they were not taking on new cases. I suspect they do not take fee-generating cases regardless.
12Typically the organizations handle tenant/landlord and divorce/custody cases, but not discrimination or other fee-generating cases.
13Salary in Iowa – Average Salary, www.talent.com/salary?location=iowa. Accessed 19 July 2024.
14“How Much Should I Charge as a Lawyer in Iowa (2023).” Clio, 16 Oct. 2023, www.clio.com/resources/legal-trends/compare-lawyer-rates/ia/.
15“The Justice Gap: The Unmet Civil Legal Needs of Low-Income Americans.” The Justice Gap Report, Legal Services Corporation, 28 Apr. 2022, justicegap.lsc.gov/.
16ATTACHMENT N – complaint to AG’s Victim Services.
17“13AO:0001 Request for Advisory Opinion, Iowa Civil Rights Commission.” Iowa Public Information Board, 27 Nov. 2023, ipib.iowa.gov/advisory-opinion-icrc.
18ISBN 978-1-305-64452-6.
19 Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
20Tugade, Amanda. Why 60% of Iowa Workers’ Civil Rights Complaints Aren’t Investigated, The Des Moines Register, www.desmoinesregister.com/story/news/2023/05/08/iowa-civil-rights-commission-60-percent-complaints-discrimination-not-investigated-employees-workers/70177674007/. Accessed 15 Nov. 2023.
The Equal Employment Opportunity Commission (EEOC) didn’t lift a finger:
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