In a criminal case testing the bounds of Iowa’s law on public protest, University of Iowa police officers testified Tuesday that Tara Dutcher — a transgender musician and community activist — encouraged others to block traffic while rallying against a speaker last fall at the UI who opposed gender-affirming care for minors.
Iowa is among 16 states to enact “Back the Blue” laws, increasing protest-related penalties following demonstrations over the killing of George Floyd in Minnesota in 2020, according to the National Conference of State Legislatures. Iowa’s law provided expanded protections for drivers who hit street protesters.
Three officers testified Tuesday said they didn’t interfere with the UI protesters until they started blocking traffic after 8 p.m. Oct. 16, 2023, when the Iowa Union Memorial event featuring speaker Chloe Cole ended and those in attendance were trying to leave the campus.
Footage from the officers’ body cameras were shown during the first day of the trial for Dutcher, also known as Tara McGovern, 45, of Coralville, who uses the they/them pronouns. Police said protesters were resisting their attempts to move them out of intersection of Madison and Jefferson streets in Iowa City, which are the main roadways to leave campus from the student union.
Dutcher, in the videos, told UI Police Investigator Travis Tyrell that it was their right to protest and to stop “touching” people, as he was directing the group to get out of the street so officers could open up one lane of traffic for drivers. The videos showed Tyrell and other police pushing protesters in the direction of the other lane when they wouldn’t move themselves.
Dutcher is on trial for disorderly conduct obstructing streets and interference with officials acts, both misdemeanors. If convicted, they face up to a year in jail and up to $2,560 in fines. Dutcher was arrested with six others. Five of those charged pleaded to simple misdemeanors and received probation and deferred sentences.
Tyrell, during his testimony, said he learned the protesters had taken over the intersection — marching in a circle — and blocking traffic. So he decided to come up with another plan to at least open up one lane for drivers.
He and five or six other officers formed a line and then moved toward protesters, asking them to move out of one of the lanes on Madison Street. Tyrell said there about 100 to 142 protesters and some were cursing at the police.
Tyrell called for backup, and when officers arrived with lights and sirens, it seemed to move the protesters out of the lane so traffic could get through. Protesters then marched to the UI president’s home, but remained on the sidewalk and not in the street.
Tyrell said his goals that night were to support free speech and address safety concerns. He said he didn’t want drivers to become frustrated because of the blocked traffic and possibly harm pedestrians.
On cross exam, Tyrell said he wrote two police reports but didn’t include Dutcher in the first report because he hadn’t identified the protester then. Detective Ian Mallory then asked him to write another report over Dutcher’s actions.
Mallory testified he was observing the cameras from the area of the event and monitoring social media to ensure safety. He was asked by UI student services to monitor the event because the speaker was controversial. The group didn’t have a permit through the city for the protest and didn’t notify police in advance, he said.
He said Dutcher wasn’t immediately arrested that night because he had been working 10-hour shifts over four days and then went on vacation. He issued a warrant when he returned.
Gina Messamer, Dutcher’s lawyer, asked Mallory how he knew of Dutcher.
Mallory said he knew Dutcher through social media. In the past, he had seen Dutcher’s posts and knew of their local activism.
The prosecution rested after Mallory testified, and Messamer asked for a directed verdict — she argued there was insufficient evidence to show intent.
Sixth Judicial Associate District Judge Jason Burns said he would take the motion under advisement and asked Assistant Johnson County Attorney Jacob Behnke to be prepared to tell him what specific intent Dutcher had.
Burns said he wasn’t indicating that the case wouldn’t go to the jury, but the court needs some “guidance.”
Dutcher is expected to testify Wednesday in their own defense.
Burns also warned the supporters of Dutcher and others in the courtroom to not interfere with the jury or trial process because someone had written something inappropriate in the women’s rest room.
In the women’s restroom on the third floor of the courthouse, someone wrote “jury nullification” in one of the bathroom stalls. Jury nullification is when jurors believe a defendant is guilty but “exercise the jury’s power to acquit.”
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Iowa is among 16 states to enact “Back the Blue” laws, increasing protest-related penalties following demonstrations over the killing of George Floyd in Minnesota in 2020, according to the National Conference of State Legislatures. Iowa’s law provided expanded protections for drivers who hit street protesters.
Three officers testified Tuesday said they didn’t interfere with the UI protesters until they started blocking traffic after 8 p.m. Oct. 16, 2023, when the Iowa Union Memorial event featuring speaker Chloe Cole ended and those in attendance were trying to leave the campus.
Footage from the officers’ body cameras were shown during the first day of the trial for Dutcher, also known as Tara McGovern, 45, of Coralville, who uses the they/them pronouns. Police said protesters were resisting their attempts to move them out of intersection of Madison and Jefferson streets in Iowa City, which are the main roadways to leave campus from the student union.
Dutcher, in the videos, told UI Police Investigator Travis Tyrell that it was their right to protest and to stop “touching” people, as he was directing the group to get out of the street so officers could open up one lane of traffic for drivers. The videos showed Tyrell and other police pushing protesters in the direction of the other lane when they wouldn’t move themselves.
Dutcher is on trial for disorderly conduct obstructing streets and interference with officials acts, both misdemeanors. If convicted, they face up to a year in jail and up to $2,560 in fines. Dutcher was arrested with six others. Five of those charged pleaded to simple misdemeanors and received probation and deferred sentences.
Tyrell, during his testimony, said he learned the protesters had taken over the intersection — marching in a circle — and blocking traffic. So he decided to come up with another plan to at least open up one lane for drivers.
He and five or six other officers formed a line and then moved toward protesters, asking them to move out of one of the lanes on Madison Street. Tyrell said there about 100 to 142 protesters and some were cursing at the police.
Tyrell called for backup, and when officers arrived with lights and sirens, it seemed to move the protesters out of the lane so traffic could get through. Protesters then marched to the UI president’s home, but remained on the sidewalk and not in the street.
Tyrell said his goals that night were to support free speech and address safety concerns. He said he didn’t want drivers to become frustrated because of the blocked traffic and possibly harm pedestrians.
On cross exam, Tyrell said he wrote two police reports but didn’t include Dutcher in the first report because he hadn’t identified the protester then. Detective Ian Mallory then asked him to write another report over Dutcher’s actions.
Mallory testified he was observing the cameras from the area of the event and monitoring social media to ensure safety. He was asked by UI student services to monitor the event because the speaker was controversial. The group didn’t have a permit through the city for the protest and didn’t notify police in advance, he said.
He said Dutcher wasn’t immediately arrested that night because he had been working 10-hour shifts over four days and then went on vacation. He issued a warrant when he returned.
Gina Messamer, Dutcher’s lawyer, asked Mallory how he knew of Dutcher.
Mallory said he knew Dutcher through social media. In the past, he had seen Dutcher’s posts and knew of their local activism.
The prosecution rested after Mallory testified, and Messamer asked for a directed verdict — she argued there was insufficient evidence to show intent.
Sixth Judicial Associate District Judge Jason Burns said he would take the motion under advisement and asked Assistant Johnson County Attorney Jacob Behnke to be prepared to tell him what specific intent Dutcher had.
Burns said he wasn’t indicating that the case wouldn’t go to the jury, but the court needs some “guidance.”
Dutcher is expected to testify Wednesday in their own defense.
Burns also warned the supporters of Dutcher and others in the courtroom to not interfere with the jury or trial process because someone had written something inappropriate in the women’s rest room.
In the women’s restroom on the third floor of the courthouse, someone wrote “jury nullification” in one of the bathroom stalls. Jury nullification is when jurors believe a defendant is guilty but “exercise the jury’s power to acquit.”
UI police testify protester encouraged others to block traffic
University of Iowa police testified a Coralville transgender activist encouraged others to block traffic last fall during a campus protest. The protesters wouldn’t move to allow them to clear one lane of traffic for drivers to leave an event at the Iowa Memorial Union.
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