Governor's own words helped sink mask mandate ban in court

A federal court confirmed on October 8 that Iowa cannot enforce the state’s ban on mask mandates in public schools, pending resolution of a lawsuit filed by the ACLU of Iowa on behalf of a disability advocacy group and eleven parents of children with disabilities.

U.S. District Court Senior Judge Robert Pratt’s preliminary injunction follows a temporary restraining order he issued and extended last month, putting the law on hold. About two dozen Iowa school districts, including most of the largest, have since reimposed mask mandates, affecting more than 150,000 students.

The state immediately appealed Pratt’s ruling to the Eighth Circuit U.S. Court of Appeals. In a written statement, Reynolds said, “We will never stop fighting for the rights of parents to decide what is best for their children and to uphold state laws enacted by our elected legislators. We will defend the rights and liberties afforded to all American citizens protected by our constitution.” 

The governor’s bluster is not consistent with the state’s own legal arguments, which have not asserted the Iowa or U.S. constitutions establish any right not to wear masks, or to have one’s children remain unmasked at school.

The irony is that Reynolds’ own public statements have bolstered the plaintiffs’ case against the law Republicans rushed to enact in May.

Continue Reading...

State pays $70,000 to settle Black Lives Matter protesters' lawsuit

The state of Iowa has agreed to pay $70,000 and improve First Amendment training for state troopers in order to settle a lawsuit filed last year by five protesters who were banned from the Iowa Capitol Complex.

Jalesha Johnson, Louise Bequeaith, Brad Penna, Brandi Ramus, and Haley Jo Dikkers were among seventeen people whom state troopers had banned from the capitol grounds following a July 1, 2020 Black Lives Matter protest that led to numerous arrests. They filed suit last October against Iowa Department of Public Safety Commissioner Stephen Bayens and several Iowa State Patrol officials, saying the bans violated their rights under the First, Fifth, Ninth, and Fourteenth Amendments.

Continue Reading...

Law blocking health care for trans Iowans facing new court challenge

Two years ago this week, on the day before the Iowa legislature completed its work for 2019, Republicans added two new discriminatory provisions to the state’s health and human services budget. Both code sections quickly spawned litigation. Planned Parenthood’s lawsuit against language designed to exclude the organization from sex education grants is now pending before the Iowa Supreme Court, after a District Court found the prohibition violated the state constitution’s equal protection guarantee.

A case challenging language that authorized discrimination against transgender Iowans on Medicaid never got that far. But on April 22, the ACLU of Iowa and the national ACLU LGBTQ & HIV Project filed a new lawsuit in Polk County District Court.

Continue Reading...

What the voting rights order revealed about Kim Reynolds

“Quite simply, when someone serves their sentence and pays the price our justice system has set for their crimes, they should have their right to vote restored automatically, plain and simple,” Governor Kim Reynolds said on August 5, shortly before signing a critically important document.

Executive Order 7 automatically restores voting rights to most Iowans who have completed prison sentences or terms of probation or parole associated with felony convictions. The Iowa-Nebraska NAACP estimated that the order paves the way for more than 40,000 people to vote this year. Going forward, approximately 4,700 Iowans who complete felony sentences each year will regain the same rights.

Reynolds had publicly promised to sign such an order seven weeks ago, after Republican senators declined to advance the state constitutional amendment that was her preferred way of addressing the problem.

Both the substance of the measure and the way the governor announced it revealed aspects of her leadership style.

Continue Reading...

Iowa's Ag Gag 3.0 may get past courts

It took them long enough.

After federal courts blocked two laws designed to suppress unauthorized access to livestock production facilities, Iowa lawmakers approved and Governor Kim Reynolds signed a third attempt to keep animal rights activists from filming or photographing conditions inside farm buildings or slaughterhouses. This time, the legislature finally took the path state attorneys recommended way back in 2011: beef up the trespassing law as applied to agriculture, without reference to speech or expression.

The new law has a realistic chance to survive a court challenge.

Continue Reading...
View More...