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Plaintiffs' Partially Unresisted Motion for — Summary Judgment — The Arc of Iowa — Kim Reynolds, No. 4:21-cv-264

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Plaintiffs' Partially Unresisted Motion for Summary Judgment in The Arc of Iowa v. Kim Reynolds, in her official capacity as Governor of Iowa, Case No. 4:21-cv-264, in the U.S. District Court for the Southern District of Iowa, dated July 1, 2022. The plaintiffs move under Fed. R. Civ. P. 56 and LR 56 for a declaratory judgment. The proposed declaration states that "other provision[s] of law" in Section 280.31 include Title II of the ADA and Section 504 of the Rehabilitation Act, and that Section 280.31 cannot be cited to deny a student's request for a reasonable modification that includes requiring others to wear masks. The motion reports that the State Defendants oppose the stipulation, the Iowa City Community School District stipulated, and other defendants had not agreed. It is signed by plaintiffs' counsel and has a certificate of service.

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“Plaintiffs' Partially Unresisted Motion for — Summary Judgment — The Arc of Iowa — Kim Reynolds, No. 4:21-cv-264.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-06-28-plaintiffs-v-kim-reynolds-in-her-official-capacity-as/, SHA-256 086a714c9606a47fe87b84de58e6c976a4a1bcbdf56d77c14c003db1761061d6.

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                             UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRT 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,
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;         Case No. 4:21-cv-264
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
STEWART, individually and on behalf of
E.M.S., a minor; and ERIN VERCANDE,
individually and on behalf of S.V., a minor,


               Plaintiffs,
       v.
                                                       PLAINTIFFS’ PARTIALLY
                                                       UNRESISTED MOTION FOR
KIM REYNOLDS, in her official capacity as              SUMMARY JUDGMENT
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




                                                   1
 SCHOOL DISTRICT; and WATERLOO
 COMMUNITY SCHOOL DISTRICT,


                Defendants.




       Plaintiffs hereby move for summary judgment pursuant to Fed. R. Civ. P. 56 and LR 56,

on the grounds that there is no genuine dispute as to any material fact and movants are entitled to

declaratory judgment as a matter of law, and state in support thereof:

       1. This motion is supported by the accompanying Plaintiffs’ Memorandum in Support of

           Motion for Summary Judgment, Plaintiffs’ Statement of Undisputed Material Facts,

           Plaintiffs’ Appendix in Support of Their Motion for Summary Judgment, and exhibits

           accompanying that Appendix, all of the materials already on file in this case before

           the district court and on appeal, and any other material that the Court may further

           consider at a hearing on this Motion.

       2. On June 28, 2022, all Defendants were asked if they would stipulate to the proposed

           narrow declaratory relief language that:

               1. “The term ‘other provision[s] of law’ as it is used in Section 280.31 include

               Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the

               Rehabilitation Act,” and

               2. “That Section 280.31 cannot be cited as a basis to deny a student's request for

               reasonable modification or accommodation that includes requiring others to wear

               masks."

       3. Upon inquiry, State Defendants oppose this proposed stipulation.

       4. The Iowa City Community School District so stipulated.


                                                   2
       5. Counsel for all other Defendants stated they were unable to agree at this time or

          otherwise did not provide a position as of the time of this filing on July 1, 2022.

                                         CONCLUSION

       For the reasons stated in their brief and supporting documents, this Court should grant

summary judgment and enter a declaratory judgment as described above.

Respectfully submitted,


AMERICAN CIVIL LIBERTIES UNION OF IOWA

/s/ Rita Bettis Austen
Rita Bettis Austen, AT0011558
Shefali Aurora, AT0012874
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
rita.bettis@aclu-ia.org
shefali.aurora@aclu-ia.org
leah.patton@aclu-ia.org

DISABILITY RIGHTS IOWA
Cynthia A. Miller (AT0005382)
Catherine Johnson (AT0004006)
666 Walnut Street, Suite 1440
Des Moines, IA 50309
T: (515) 278-2502
E: cmiller@driowa.org
E: cjohnson@driowa.org

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


                                                 3
San Francisco, CA 94111
T: (415) 343-0781
E: smizner@aclu.org

ARNOLD & PORTER KAYE SCHOLER LLP
John A. Freedman*
601 Massachusetts Ave, NW
Washington, DC 20001
T: 202.942.5316
E: john.freedman@arnoldporter.com

THE ARC
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
E: wakschlag@thearc.org

DUFF LAW FIRM, PLC
Thomas J. Duff
The Galleria
4090 Westown Pkwy, Suite 102
West Des Moines, Iowa 50266
Telephone: (515) 224-4999
Fax: (515) 327-5401
E : tom@tdufflaw.com

Attorneys for the Plaintiffs

*Admitted pro hac vice

Dated: July 1, 2022




                                4
                                 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.

All participants in this case are registered CM/ECF users and will served by the CM/ECF
system.

Date: July 1, 2022

/s/Rita Bettis Austen
Rita Bettis Austen

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SHA-256
086a714c9606a47fe87b84de58e6c976a4a1bcbdf56d77c14c003db1761061d6
Our copy
gov.uscourts.iasd.77124.88.0.pdf
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archive.org
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