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Attorney says Vinton resident’s water was turned off without proper notice; city to consider proposal in closed session
Summary
An attorney for a Vinton resident told the council that the city disconnected the tenant’s water for about 24 hours without providing the statutory predisconnection hearing notice and proposed a settlement to waive the resident’s bill in exchange for release of claims; the city acknowledged the notice was inadequate and moved the matter to closed session for further discussion.
Moren Slatt, an attorney with Iowa Legal Aid, told the Vinton City Council on Thursday that his client, tenant Shante Ort, had her municipal water service disconnected on March 27, 2025, without receiving the statutory notice that would have informed her of the right to a predisconnection hearing.
Slatt said the city posted a disconnect notice that did not explain the customer’s right to request a predisconnection hearing under Iowa Code 384.84 and cited the U.S. Supreme Court’s Memphis Light, Gas & Water decision as governing the required notice for utility terminations. He said the water was off for roughly 24 hours before service was restored and that the corrected notice was provided only after counsel intervened.
The attorney told the council that when city workers returned to effect the shutoff the first time, police accompanied them and, according to counsel’s account, an officer threatened to kill the tenant’s emotional‑support dog if it did not stop barking. Slatt described health and caregiving impacts from the lack of running water and said his client would be entitled to damages under state and constitutional theories if the city declined to resolve the matter.
Counsel proposed a non‑litigation resolution: the city would zero out Ort’s existing balance (he said the current bill is about $585) in exchange for a complete waiver of claims related to the termination. Slatt also discussed attorney‑fee exposure, estimating market rates and potential damages figures based on authority he cited, and said Iowa Legal Aid would pursue litigation if the city declined the offer.
City staff and the city attorney (referred to in the presentation as Mr. Herman) told the council they acknowledged the notice previously used by the utility was not adequate and said staff remedied the procedural defect by restoring service and issuing a corrected notice. The city attorney suggested discussing the settlement proposal and legal strategy in a short closed session rather than resolving the matter in public.
The council then voted to move into closed session under Iowa Code section 21.5(1)(c) to discuss litigation strategy. No formal settlement or damages award was announced at the meeting.
Why it matters: Municipal utilities must follow statutory procedures for disconnecting essential services; a failure to provide required notice can expose a city to statutory and constitutional claims, possible damages and attorney fees, and reputational risk. The council’s decision to take the matter into closed session means further deliberations and any potential settlement will occur outside the public portion of the meeting.
What’s next: The council entered closed session to discuss the matter; if the city accepts a settlement or the parties litigate, those steps would be reflected in future meeting agendas or court filings.
