Iowa Code

Iowa Code § 22.10 (2026)

Civil enforcement

✓ current as of July 2026

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1. The rights and remedies provided by this section are in addition to any rights and remedies provided by section 17A.19. Any aggrieved person, any taxpayer to or citizen of the state of Iowa, or the attorney general or any county attorney, may seek judicial enforcement of the requirements of this chapter in an action brought against the lawful custodian and any other persons who would be appropriate defendants under the circumstances. Suits to enforce this chapter shall be brought in the district court for the county in which the lawful custodian has its principal place of business.

2. Once a party seeking judicial enforcement of this chapter demonstrates to the court that the defendant is subject to the requirements of this chapter, that the records in question are government records, and that the defendant refused to make those government records available for examination and copying by the plaintiff, the burden of going forward shall be on the defendant to demonstrate compliance with the requirements of this chapter.

3. Upon a finding by a preponderance of the evidence that a lawful custodian has violated any provision of this chapter, a court:

a. Shall issue an injunction punishable by civil contempt ordering the offending lawful custodian and other appropriate persons to comply with the requirements of this chapter in the case before it and, if appropriate, may order the lawful custodian and other appropriate persons to refrain for one year from any future violations of this chapter.

b. Shall assess the persons who participated in its violation damages in the amount of not more than five hundred dollars and not less than one hundred dollars. However, if a person knowingly participated in such a violation, damages shall be in the amount of not more than two thousand five hundred dollars and not less than one thousand dollars. These damages shall be paid by the court imposing them to the state of Iowa if the body in question is a state government body, or to the local government involved if the body in question is a local government body. A person found to have violated this chapter shall not be assessed such damages if that person proves that the person did any of the following:

(1) Voted against the action violating this chapter, refused to participate in the action violating this chapter, or engaged in reasonable efforts under the circumstances to resist or prevent the action in violation of this chapter.

(2) Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with the requirements of this chapter. It shall constitute such good reason and good faith belief and a court shall not assess any damages, costs, or fees under this subsection if the person incorrectly balanced the right of the public to receive public records against the rights and obligations of the government body to maintain confidential records as provided in section 22.7 under any judicially created balancing test, unless the person is unable to articulate any reasonable basis for such balancing.

(3) Reasonably relied upon a decision of a court, a formal opinion of the Iowa public information board, the attorney general, or the attorney for the government body, given in writing, or as memorialized in the minutes of the meeting at which a formal oral opinion was given, or an advisory opinion of the Iowa public information board, the attorney general, or the attorney for the government body, given in writing.

c. Shall order the payment of all costs and reasonable attorney fees, including appellate attorney fees, to any plaintiff successfully establishing a violation of this chapter in the action \n Tue Dec 09 22:32:25 2025 Iowa Code 2026, Chapter 22 (47, 1) §22.10, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 16\n\nbrought under this section. The costs and fees shall be paid by the particular persons who were assessed damages under paragraph “b” of this subsection. If no such persons exist because they have a lawful defense under that paragraph to the imposition of such damages, the costs and fees shall be paid to the successful plaintiff from the budget of the offending government body or its parent.

d. Shall issue an order removing a person from office if that person has engaged in a prior violation of this chapter for which damages were assessed against the person during the person’s term.

4. Ignorance of the legal requirements of this chapter is not a defense to an enforcement proceeding brought under this section. A lawful custodian or its designee in doubt about the legality of allowing the examination or copying or refusing to allow the examination or copying of a government record is authorized to bring suit at the expense of that government body in the district court of the county of the lawful custodian’s principal place of business, or to seek an opinion of the attorney general or the attorney for the lawful custodian, to ascertain the legality of any such action. 84 Acts, ch 1185, §9; 2005 Acts, ch 99, §2; 2011 Acts, ch 106, §11, 12, 17; 2012 Acts, ch 1115, §3, 17; 2021 Acts, ch 183, §6 Referred to in §23.5, 23.6, 23.10 \n

Notes of Decisions

Cited in 45 cases (19 in the last 5 years), 1973–2026 · leading case: City of Riverdale, Iowa v. Allen Diercks, Marie Randol, & Tammie Picton, 806 N.W.2d 643 (Iowa 2011).

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City of Riverdale, Iowa v. Allen Diercks, Marie Randol, & Tammie Picton, 806 N.W.2d 643 (Iowa 2011). · cites it 40× “See Iowa Code § 22.10 (3) (requiring a finding the lawful custodian violated chapter 22 before awarding attorney fees under 22.”

Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013). · cites it 12× “” Iowa Code § 22.10 (2). Once a party makes these showings, the defendant has the burden to show compliance, and the court must issue an injunction if it finds the defendant has not complied by a preponderance of the evidence.”

Iowa Film Prod. Servs. Mississippi Films, Inc. Polynation Pictures, Inc. Field of Screams, LLC Underground Films, Inc. Ticket Out Prods. Tricoast Iowa Prods., LLC Gpx Dev., LLC September Prods. LLC Lucky Mp, LLC & Recess Film Prod., LLC v. Iowa Dep't of Econ. Dev., 818 N.W.2d 207 (Iowa 2012). · cites it 8× “Iowa Code § 22.10 (3)(c). 6 . As noted, the State disputes the “half-price filmmaking” terminology as an accurate summary of the relevant tax credits.”

Gabrilson v. Flynn, 554 N.W.2d 267 (Iowa 1996). · cites it 6× “” Iowa Code § 22.10 (emphasis added). In the instant ease, Gabrilson is an appropriate person against whom the requirements of chapter 22 need be enforced.”

Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 2× “§ 22.10(3)(c) (providing that a court shall “order the payment of all costs and reasonable attorney fees” to a person prevailing on an open records claim); id.”

Press-Citizen Co., Inc. v. Univ. of Iowa, 817 N.W.2d 480 (Iowa 2012). · cites it 6× “§ 22.10 (providing for civil enforcement of the Act).”

Dr. Allen Diercks & Patricia Lane v. Craig Malin, Davenport City Adm'r, City of Davenport, Iowa, an Iowa Mun. Corp., & Jackie E. Holecek, Davenport City Deputy Clerk, 894 N.W.2d 12 (Iowa Ct. App. 2016). · cites it 8× “” Iowa Code § 22.10 (2); see also Horsfield, 834 N.”

Bruner v. Varley, 411 N.W.2d 150 (Iowa 1987). · cites it 19× “Iowa Code § 22.10 (1). This choice of remedies, clearly expressed by the foregoing statutory language and recognized by Judge Ryan, was rendered meaningless, however, by the court’s subsequent fusion of the two remedies.”

Mark D. Hall v. Broadlawns Med. Ctr., 811 N.W.2d 478 (Iowa 2012). · cites it 4× “Further, Broadlawns argues even if the internal audit is found to be a disclosable public record, Broadlawns should not be assessed costs and attorney fees under Iowa Code section 22.10 because of the safe harbor provisions of Iowa Code section 22.”

City of Dubuque v. Dubuque Racing Ass'n, 420 N.W.2d 450 (Iowa 1988). · cites it 6× “Iowa Code § 22.10 (4). Iowa Code section 22.”

Rinkleff v. Knox, 375 N.W.2d 262 (Iowa 1985). · cites it 2× “In applying this concept to the present inquiry, we are convinced that, in the exercise of ordinary care, a person who fabricates a structure on which he or she intends to work at some height from the ground has some obligation to evaluate the stability and safety of both the…”

Burton v. Univ. of Iowa Hospitals & Clinics, 566 N.W.2d 182 (Iowa 1997). · cites it 2× “*185 Several months later, Burton filed this suit requesting an injunction, pursuant to Iowa Code section 22.10, ordering the UIHC to comply with Iowa’s Open Records Act (Iowa Code chapter 22).”

Show all 45 citing cases →

— Iowa Code § 22.10(1) — 6 cases

Teig v. Chavez (Iowa Ct. App. 2026).

Gary Dickey Jr. v. Iowa Ethics & Campaign Disclosure Bd. (Iowa 2020).

Kirkwood Inst., Inc. v. Iowa Auditor of State Rob Sand, John McCormally, & Off. of the Auditor of State (Iowa 2024).

Laura Belin, Bleeding Heartland LLC, Clark Kauffman, Iowa Capital Dispatch, Randy Evans, & Iowa Freedom of Info. Council v. Governor Kim Reynolds, Michael Boal, Pat Garrett, Alex Murphy, & Off. of The Governor of the State of Iowa (Iowa 2023).

— Iowa Code § 22.10(2) — 14 cases

Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013). “” Iowa Code § 22.10 (2). Once a party makes these showings, the defendant has the burden to show compliance, and the court must issue an injunction if it finds the defendant has not complied by a preponderance of the evidence.”

City of Riverdale, Iowa v. Allen Diercks, Marie Randol, & Tammie Picton, 806 N.W.2d 643 (Iowa 2011). “See Iowa Code § 22.10 (3) (requiring a finding the lawful custodian violated chapter 22 before awarding attorney fees under 22.”

Bruner v. Varley, 411 N.W.2d 150 (Iowa 1987). “Iowa Code § 22.10 (1). This choice of remedies, clearly expressed by the foregoing statutory language and recognized by Judge Ryan, was rendered meaningless, however, by the court’s subsequent fusion of the two remedies.”

Wings v. Dunlap, 527 N.W.2d 407 (Iowa Ct. App. 1994).

— Iowa Code § 22.10(3) — 4 cases

Robert Teig v. Vanessa Chavez, Alissa Van Sloten, Patricia G. Kropf, Elizabeth Jacobi, Brad Hart, & Teresa Feldmann (Iowa 2024).

Dr. Allen Diercks v. The City of Bettendorf, Iowa, & Kristine Stone (Iowa Ct. App. 2019).

— Iowa Code § 22.10(3)(a) — 5 cases

Polly Carver-Kimm v. Kim Reynolds, Pat Garrett, & State of Iowa & Gerd Clabaugh, Sarah Reisetter, & Susan Dixon (Iowa 2023).

Robert Teig v. Vanessa Chavez, Alissa Van Sloten, Patricia G. Kropf, Elizabeth Jacobi, Brad Hart, & Teresa Feldmann (Iowa 2024).

— Iowa Code § 22.10(3)(b) — 3 cases

Robert Teig v. Vanessa Chavez, Alissa Van Sloten, Patricia G. Kropf, Elizabeth Jacobi, Brad Hart, & Teresa Feldmann (Iowa 2024).

Teig v. Chavez (Iowa Ct. App. 2026).

Adam Klein v. Iowa Pub. Info. Bd. & Burlington Police Dep't & Iowa Dep't of Pub. Saf., Div. of Crim. Investigations (Iowa 2021).

— Iowa Code § 22.10(3)(b)(2) — 1 case

Polk Cnty. Assessor Randy Ripperger v. Iowa Pub. Info. Bd. (Iowa 2021).

— Iowa Code § 22.10(3)(b)(3) — 3 cases

Dr. Allen Diercks & Diane Holst v. Scott Cnty., Iowa, & Kerri Tompkins, Scott Cnty. Auditor (Iowa 2025).

Robert Teig v. Vanessa Chavez, Alissa Van Sloten, Patricia G. Kropf, Elizabeth Jacobi, Brad Hart, & Teresa Feldmann (Iowa 2024).

— Iowa Code § 22.10(3)(c) — 13 cases

Press-Citizen Co., Inc. v. Univ. of Iowa, 817 N.W.2d 480 (Iowa 2012). “§ 22.10 (providing for civil enforcement of the Act).”

Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§ 22.10(3)(c) (providing that a court shall “order the payment of all costs and reasonable attorney fees” to a person prevailing on an open records claim); id.”

Des Moines Indep. Cmty. Sch. Dist. Pub. Records v. Des Moines Register & Tribune Co., 487 N.W.2d 666 (Iowa 1992).

Robert Teig v. Vanessa Chavez, Alissa Van Sloten, Patricia G. Kropf, Elizabeth Jacobi, Brad Hart, & Teresa Feldmann (Iowa 2024).

— Iowa Code § 22.10(3)(e) — 1 case

— Iowa Code § 22.10(3)(fo) — 1 case

— Iowa Code § 22.10(3)(⅛) — 1 case

— Iowa Code § 22.10(4) — 2 cases

City of Dubuque v. Dubuque Racing Ass'n, 420 N.W.2d 450 (Iowa 1988). “Iowa Code § 22.10 (4). Iowa Code section 22.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.