The Plaintiff sued Crow Valley Golf Club seeking recovery under Iowa Code section 808B. The Plaintiff alleged Crow Valley Golf Club operated a surreptitious video and audio mechanism in its bar/restaurant and had recorded his conversations with business associates.
Iowa Code section 808B.8(1)(a) permits an individual whose communication is intercepted, disclosed, or used in violation of Chapter 808B to have a civil cause action against any person who intercepts, disclosures, or uses or procures any other person to intercept, disclose or use such communications.
Clark Michell, representing Crow Valley Golf Club, asserted there was no evidence to support the Plaintiff’s claims. The Scott County District Court noted the Plaintiff did not provide proof of a camera behind the bar or any recordings or video footage to support his allegations. Furthermore, the Plaintiff failed to offer any evidence of recording usage, which was fatal to the Plaintiff’s cause of action. The Scott County District Court also pointed out that if even if a camera was placed behind the bar, Crow Valley Golf Club as a business owner was allowed to do so. Ultimately, the Scott County District Court held that the Plaintiff had failed to create a genuine issue of material fact and granted summary judgment in favor of Crow Valley Golf Club.
Pautsch v. Crow Valley Golf Club, Scott County Case No. LACE134499