“We the People” or “We the powerless"? An old-world idea lives on under a new name:government immunity

By Accountable Iowa

November 4, 2025

There was a time, centuries ago, when the law said the king could do no wrong. If the main stone bridge over the town’s river collapsed and took a few townsfolk with it, well…tough luck. You couldn’t take the monarchy or their men to court. Their word was law, and their mistakes were yours to live with.

Fast forward to today, and that old-world idea lives on under a new name: government immunity. It’s a legal concept that shields government officials and agencies from accountability, even when their negligence costs lives. It’s an idea that’s just as un-American now as it was corrupt then.

Our nation was founded on a rebellion against that very principle. The people (not the government) hold the ultimate power. And nowhere is that principle more important than in our right to seek justice in a court of law by a jury of our peers.

Just look at Davenport. In May 2023, a six-story apartment building collapsed, killing three Iowans and displacing dozens more. This wasn’t an unpredictable “act of God,” it was a preventable tragedy that local officials knew was coming.

According to a state investigation report released earlier this year, city inspectors missed warning signs, approved unsafe repairs, and even altered reports after the collapse. One city official admitted they had “no idea” who was performing the work on the building. Think about that: potentially unlicensed brick masons, falsified inspection notes, and innocent citizens left inside a structure that was falling apart.

And when families sought answers, what did the city do? It fought to keep key records secret and to avoid responsibility in court. Government immunity in action, and the modern crown insisting it can do no wrong.

Dayna Feuerbach, a 20-year resident of the building before collapse, summed it up perfectly. "How would you feel if you lost everything and no one is found responsible, and everyone involved can just delay and deny and they end up getting away with it?” she continues. “There has to be justice, and that means someone is held accountable. You can't kill someone and then buy your way out of it.”

This struggle isn’t new, but it’s ours

Holding government accountable has always been an American struggle, and citizens have had to remind their government that power flows from the people, not the other way around.

That’s why it matters that Iowa’s courts have been standing up for individuals in recent years. In a critical decision earlier this year, the Iowa Supreme Court unanimously rejected sweeping claims of government immunity in a tragic case out of Fayette County.

Sharon Kahn and her daughter, Vicki Hodges were killed after their tubes went over a low-head dam on the Turkey River. No warnings, no visible signs, and no visible exit route. The county, city, and state promoted the river as a recreational water trail but didn’t bother to maintain safety measures or even cut down the vegetation covering the danger signs.

When their families sued, the state and local governments tried to shut them down, arguing that “immunity” meant they couldn’t be held accountable. But Iowa’s Supreme Court said no. The justices unanimously reaffirmed that the law does not place governments above the people they serve, and in doing so, restored the right of Iowans to demand answers when government negligence causes harm.

That’s what accountability looks like, and why it matters to every Iowan. Government immunity doesn’t just show up in headline-grabbing tragedies. It touches every corner of life in our state. Like if a police officer violates someone’s constitutional rights, it’s accountability that ensures justice. Or when unsafe roads, bridges, or waterways go unmaintained, it’s accountability that keeps our communities safe. And even when local or state agencies make dangerous decisions behind closed doors, it’s accountability that forces transparency.

Without it, “We the People” becomes “We the powerless.” So, the work continues. And when we talk about government immunity, remember what’s really at stake. It’s not just about court cases or legal theories, it’s about whether ordinary Iowans still have the power to look their government in the eye and say: You were wrong, and you’ll answer for it.