Des Moines restaurant sues Iowa Capital Dispatch, claiming defamation

The owner of a Des Moines eatery and bar claims the Iowa Capital Dispatch defamed her business by including its photo at the top of a recent article that recounted food safety violations at more than a dozen restaurants.

The owner of Wellman’s Pub, also known by its legal name of Right-Turn Clyde, recently filed a defamation lawsuit against the news organization’s parent company, States Newsroom, and its deputy editor, Clark Kauffman, who wrote the article.

The suit, filed in state district court, seeks unspecified damages for the alleged defamation of the restaurant and the emotional distress suffered by its owner, Anna Baldwin.

The article in question published April 14 and was part of Kauffman’s routine reporting on state regulators’ inspections of food establishments. Its headline was “Restaurant inspection update: Dead rodents, yellow slime and dodgy hotdogs.”

The initial version of the article included a photo of Wellman’s at the top.

Wellman’s was noted in the article for 10 violations, but because none of them pertained to the violations cited in the headline, the restaurant argues that it was improper to include its photo so prominently.

“The headline and placement of the image of Wellman’s in close proximity implied that state investigators found and charged Wellman’s with having dead rodents, yellow slime, and dodgy hotdogs on its premises and in its kitchen areas,” the lawsuit alleges. It accuses Capital Dispatch of using the image because the restaurant is recognizable and it would encourage people to read the article.

States Newsroom denied that accusation among other allegations of the suit in a written response filed in district court.

“Iowa Capital Dispatch regularly reports on restaurant inspections across the state as news of community interest that is important for public health. The headline, photo caption and story in question all accurately reflect the content of the multiple inspection reports on which the story is based,” Iowa Capital Dispatch Editor-in-chief Kathie Obradovich said in a statement. 

“We’re committed to clarity as well as accuracy. That’s why, in a good-faith response to Wellman’s concern that some people who did not read the story or caption might receive a mistaken impression, we promptly repositioned the photo.”

An attorney for the restaurant sought a retraction, and Capital Dispatch moved the image to another location in the article that corresponded with the Wellman’s violations. It replaced the top image with a photo of a dead rodent found during the inspection of another Des Moines restaurant and appended an editor’s note that said:

“The feature photo on this story has been updated to clarify that Wellman’s Pub was not cited for violations mentioned in the story’s headline. Wellman’s was cited for 10 violations related to food safety but not for dead rodents, yellow slime or dodgy hotdogs.”

Despite that, Wellman’s and its owner “have had to manage a public relations nightmare, with both staff and customers, to mitigate and salvage the reputation that (they) have built for over two decades,” the lawsuit alleges.

The suit notes that several customers have mentioned the article and that an unspecified number of people discussed it on the restaurant’s Facebook page. The suit did not say whether the article resulted in reduced sales.

Wellman’s and its owner are represented by attorney Elissa Holman, of Des Moines. States Newsroom is represented by Des Moines attorney Eric Updegraff.