Apple Valley spent nearly $82K on ‘bondage fantasy’ case
Source: Vvdailypress.com.
USA – APPLE VALLEY – A lawsuit brought against a former resident – that spent more than a year in litigation before being dismissed – cost the town nearly $82,000.
Between April 2015 and July 2016, the town paid $81,779.69 to Best Best & Krieger for services related to the town’s civil suit against Mark Gudmundsen, according to documents obtained in a Public Records Act request.
The suit was filed in May after a Code Enforcement investigation spurred by complaints filed by Gudmundsen’s neighbors, who believed there were incarcerated prisoners in orange jumpsuits who appeared to be working on a project in a residential area, according to a previous Daily Press report.
The town alleged in court documents that Gudmundsen – who held adult role play scenarios in his home – was conducting a “bondage fantasy” business without a license.
A judge approved a temporary restraining order sought by the town before issuing a preliminary injunction in June.
Gudmundsen, who’s gay, denied the charges and recently maintained the town’s case involved discrimination against him based on his sexual orientation. But Town spokeswoman Kathie Martin told the Daily Press on Tuesday the case related to the operation of a commercial business in a residential district.
“The goal of Code Enforcement was to eliminate a nuisance condition and preserve the character of the neighborhood,” Martin said, “and we were successful in that.”
During litigation, Gudmundsen’s attorneys called the town’s action “exclusionary,” arguing that it abridged their client’s Constitutional rights to free speech and association. They also said Apple Valley failed to follow its own procedures by acting on an anonymous tip and by not issuing a warning to Gudmundsen before going to court.
Before the case was dismissed, an offer was made to settle the matter, according to a previous Daily Press report in which Gudmundsen said he was asked to agree to a permanent injunction and pay the town attorney costs.
“I’m willing to say I’m not going to run a business here, but I’m not willing to pay $20,000 to not run a business,” he said at the time, specifying the alleged settlement amount.
In November 2015, Gudmundsen filed a motion for summary judgment, according to Town Attorney Thomas Rice, who said the motion argued that “the case was now moot” because he’d moved out of the town.
Gudmundsen previously told the Daily Press he moved to escape fear and stress related to hate speech he’d encountered during his six-month stint in Apple Valley.
That motion was dismissed on June 20, according to Rice. He said the town remained committed to “the elimination of the nuisance condition and obtaining assurances of that nature.”
“On June 22, 2016, the town requested dismissal of the action pursuant to a confidential settlement agreement,” Rice said.
Gudmundsen now lives in Hampton, Iowa, where he says he’s fallen in love with a small town and an old Victorian house he’s restoring.
The house is a former sheriff’s residence in Hampton, Iowa that includes a 136-year-old county jail Gudmundsen revamped into a historical role-playing business, an article in the Globe Gazette newspaper shows.
Published in March, the article detailed the zoning issues Gudmundsen encountered while working with Hampton city officials in an attempt to get his business greenlighted.
The website www.hamptonjail.com shows that those wishing to participate in the “tough, realistic experience” must apply via email before being invited to join a role-playing fellowship.
Meanwhile, Rice said the town “can confirm that the nuisance condition no longer exists in the town.”
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