Motion - ERIN VERCANDE, individually and on behalf of S.V., a minor, Plaintiffs, v. KIM REYNOLDS, in her official capacity as Governor of Iowa (2021-09-03)

Summary

A Motion for Temporary Restraining Order and Preliminary Injunction, with expedited relief requested, filed September 3, 2021 as Document 3 in The Arc of Iowa, et al. v. Kim Reynolds, et al., Case No. 4:21-cv-264, in the U.S. District Court for the Southern District of Iowa. The plaintiffs, The Arc of Iowa and parents suing on behalf of minor students with disabilities, move under Fed. R. Civ. P. Rule 65 against the Governor of Iowa, the Director of the Iowa Department of Education and several school districts. The motion argues that enforcement of House File 847 discriminates against students with disabilities in violation of Title II of the ADA and Section 504 of the Rehabilitation Act, and that HF847 is preempted under the American Rescue Plan Act of 2021. The filing is signed by counsel including the ACLU of Iowa and Disability Rights Iowa and ends with a certificate of service.

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       Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 1 of 6




                      IN THE UNITED STATES DISTRICT COURT
                     FOR THE SOUTHERN DISTRICT OF IOWA

THE ARC OF IOWA; CHARMAINE
ALEXANDER, individually and on behalf of
C.B., a minor; JONATHAN CRAIG,
individually and on behalf of E.C. and J.C.,
minors; MICHELLE CROFT, individually and
on behalf of J.J.B., a minor; AMANDA
DEVEREAUX, individually and on behalf of
P.D., a minor; CARISSA FROYUM ROISE,               Case No. 4:21-cv-264
individually and on behalf of H.J.F.R., a minor;
LIDIJA GEEST, individually and on behalf of
K.G., a minor; MELISSA HADDEN,
individually and on behalf of V.M.H., a minor;
HEATHER LYNN PRESTON, individually
and on behalf of M.P. and S.P, minors; LISA
HARDISTY SITHONNORATH, individually
and on behalf of A.S., a minor; REBEKAH            MOTION FOR TEMPORARY
STEWART, individually and on behalf of             RESTRAINING ORDER
E.M.S., a minor; and ERIN VERCANDE,                AND PRELIMINARY
individually and on behalf of S.V., a minor,       INJUNCTION

               Plaintiffs,                         EXPEDITED RELIEF
       v.                                          REQUESTED

KIM REYNOLDS, in her official capacity as
Governor of Iowa; ANN LEBO, in her official
capacity as Director of the Iowa Department of
Education; ANKENY COMMUNITY
SCHOOL DISTRICT; COUNCIL BLUFFS
COMMUNITY SCHOOL DISTRICT;
DAVENPORT COMMUNITY SCHOOL
DISTRICT; DECORAH COMMUNITY
SCHOOL DISTRICT; DENVER
COMMUNITY SCHOOL DISTRICT; DES
MOINES PUBLIC SCHOOLS; IOWA CITY
COMMUNITY SCHOOL DISTRICT;
JOHNSTON COMMUNITY SCHOOL
DISTRICT; LINN MAR COMMUNITY
SCHOOL DISTRICT; and WATERLOO
COMMUNITY SCHOOL DISTRICT,

               Defendants.
          Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 2 of 6




           COME NOW Plaintiffs and move for a preliminary injunction and temporary restraining

 order pursuant to Fed. R. Civ. P. Rule 65 to prevent further irreparable injury pending a final

 adjudication of this action.

          As set forth in the accompanying Memorandum of Law in Support of Plaintiff’s Motion

for a Preliminary Injunction and Temporary Restraining Order, Plaintiffs’ Declarations, and the

Declarations of Dr. Srinivas and Dr. Waddell, Plaintiffs are likely to succeed on their claims that

in their enforcement of House File 847, Defendants are discriminating against students with

disabilities in violation of Title II of the Americans with Disabilities Act (ADA) and Section 504

of the Rehabilitation Act of 1973, because Plaintiffs, who have disabilities, are otherwise qualified

to receive a public education, have standing to bring this action, and have been excluded from

participation in or have been denied the benefits of the services, programs, or activities of a public

entity or otherwise discriminated against by such entity by reason of such disability. 42 U.S.C. §

12132; 29 U.S.C. § 794(a). Plaintiffs are also likely to succeed on the merits of their claim that

HF847 is preempted under the American Rescue Plan Act of 2021. Pub. L. No. 117-2, 135 Stat. 4

(2021); U.S. Const. art. VI, cl. 2. Plaintiffs will suffer irreparable injury unless an injunction issues,

the balance of equities weighs heavily in Plaintiffs’ favor, and the injunction serves the public

interest. Sanborn Mfg. Co., Inc. v. Campbell Hausfeld/Scott Fetzer Co.,997 F.2d 484, 485-86 (8th

Cir. 1993) (citing Dataphase Sys., Inc. v. CL Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981) (en

banc)).

          A temporary restraining order is necessary to preserve the public health and to prevent

irreparable injury that would result from students with disabilities endangering their health or being

deprived of their education.


Date: September 3, 2021

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       Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 3 of 6




Respectfully submitted:

AMERICAN CIVIL LIBERTIES UNION OF IOWA

/s/ Rita Bettis Austen
Rita Bettis Austen, AT0011558
ACLU of Iowa Foundation Inc.
505 Fifth Avenue, Suite 901
Des Moines, IA 50309-2316
Telephone: 515-243-3988
Facsimile: 515-243-8506
rita.bettis@aclu-ia.org

/s/ Shefali Aurora
Shefali Aurora, AT0012874
ACLU of Iowa Foundation Inc.
505 Fifth Avenue, Suite 901
Des Moines, IA 50309-2316
Telephone: 515-243-3988
Facsimile: 515-243-8506
shefali.aurora@aclu-ia.org

/s/Leah Patton
Leah Patton, AT0006022
ACLU of Iowa Foundation Inc.
505 Fifth Avenue, Suite 901
Des Moines, IA 50309-2316
Telephone: 515-243-3988
Facsimile: 515-243-8506
leah.patton@aclu-ia.org


DISABILITY RIGHTS IOWA

Cynthia A. Miller (AT0005382)
666 Walnut Street, Suite 1440
Des Moines, IA 50309
T: (515) 278-2502
E: cmiller@driowa.org

Catherine Johnson* (AT0004006)
666 Walnut Street, Suite 1440
Des Moines, IA 50309
T: (515) 278-2502
E: cjohnson@driowa.org



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        Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 4 of 6




AMERICAN CIVIL LIBERTIES UNION FOUNDATION

Louise Melling*
125 Broad St.
New York, NY 10004
T: (212) 549-2637
E: lmelling@aclu.org

Susan Mizner*
39 Drumm Street
San Francisco, CA 94111
T: (415) 343-0781
E: smizner@aclu.org


ARNOLD & PORTER KAYE SCHOLER LLP

John A. Freedman*
Tara L. Williamson*
601 Massachusetts Ave, NW
Washington, DC 20001
T: 202.942.5316
E: john.freedman@arnoldporter.com

THE ARC OF THE UNITED STATES

Shira Wakschlag*
The Arc of the United States
1825 K Street, NW, Suite 1200
Washington, DC 20006
Telephone: 202-534-3708
Facsimile: 202-534-3731
wakschlag@thearc.org

*Motion to proceed pro hac vice forthcoming


TOM DUFF LAW FIRM

/s/ THOMAS J. DUFF
THOMAS J. DUFF
/s/ JIM DUFF
JIM T. DUFF
DUFF LAW FIRM, PLC
The Galleria
4090 Westown Pkwy, Suite 102

                                         4
         Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 5 of 6



West Des Moines, Iowa 50266
Telephone: (515) 224-4999
Fax: (515) 327-5401
Email : tom@tdufflaw.com
jim@tdufflaw.com
wendy@tdufflaw.com
Attorneys for the Plaintiffs




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        Case 4:21-cv-00264-RP-HCA Document 3 Filed 09/03/21 Page 6 of 6




                                CERTIFICATE OF SERVICE

       I hereby certify that on this date, I electronically filed the foregoing paper with the Clerk

of Court by using the CM/ECF system.

       The foregoing paper will also be served along with the Complaint and Summons to all

Defendants.

Date: September 3, 2021

/s/Rita Bettis Austen
Rita Bettis Austen




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