Plaintiffs' Rule 56(c) Statement of Undisputed Material Facts — The Arc of Iowa v. Reynolds (Doc. 88-2, July 1, 2022)

Summary

Plaintiffs' Rule 56(c) Statement of Undisputed Material Facts in The Arc of Iowa, et al. v. Kim Reynolds, et al., Case No. 4:21-cv-264, dated July 1, 2022. It quotes Iowa Code section 280.31, which bars school boards and administrators from adopting, enforcing or implementing a policy requiring facial coverings unless necessary for a specific extracurricular or instructional purpose or required by law. It states that Defendants Reynolds and Lebo ("State Defendants") indicated the statute would be enforced against school districts that implemented mask mandates, and that State Defendants told the Court the statute does not prohibit a school from complying with federal law. It states that after entry of the TRO, more than twenty-four school districts reintroduced some type of masking.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

1
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;
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.

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 No. 4:21-cv-264

PLAINTIFFS’ RULE 56(c)
STATEMENT OF UNDISPUTED
MATERIAL FACTS

Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 1 of 8

2
RULE 56(C) STATEMENT OF UNDISPUTED MATERIAL FACTS

Pursuant to Federal Rule of Civil Procedure 56(c) and Local Rule 56(a)(3), Plaintiffs
state that the following material facts are undisputed:
1.  On May 20, 2021, the Iowa General Assembly passed Section 280.31. The statute
took effect immediately, with approximately two weeks left in the school year.
2.  Section 280.31 states:
The board of directors of a school district, the superintendent or chief administering
officer of a school or school district, and the authorities in charge of each accredited
nonpublic school shall not adopt, enforce, or implement a policy that requires its
employees, students, or members of the public to wear a facial covering for any purpose
while on the school district’s or accredited nonpublic school’s property unless the facial
covering is necessary for a specific extracurricular or instructional purpose, or is required
by section 280.10 or 280.11 or any other provision of law.
Iowa Code § 280.31

3.  Section 280.31 does not delineate what “provision[s] of law” are included.  Id.

4.  In August 2021, with the emergence of the Delta variant, new COVID-19 cases
soared, hospitalizations reached the highest point for the year to date, and COVID-19 related
deaths increased rapidly in Iowa and nationally. Pl. Appx. at 59-60 (Iowa COVID
hospitalizations highest since January, 25% increase since last week to nearly 500.”, Des Moines
Register (Aug. 26, 2021),
https://www.desmoinesregister.com/story/news/health/2021/08/26/iowa-covid-19-
hospitalization-rate-positive-cases-surges-delta-variant/5541193001); Pl. Appx. at 64-66;
(“Children make up nearly a quarter of new COVID-19 cases in Iowa”, Des Moines Register
(Sept. 1, 2021), https://www.desmoinesregister.com/story/news/health/2021/09/01/covid-19-
iowa-testing-data-shows-kids-make-up-22-percent-cases/8167419002).
5.  Public health and education officials—including the American Medical Association,
the Infectious Disease Society of America, the Iowa Medical Society, the Iowa Chapter of the
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 2 of 8

3
American Academy of Pediatrics, and the health departments of Iowa’s three most populous
counties—reiterated their calls for continued masking in Iowa schools. Pl. Appx. at 28-29
(Waddell Decl. ¶¶ 22-24); Pl. Appx. at 50 (Srinivas Decl.) ¶ 32; ECF 3-1, ECF 3-2.

6.  In the face of COVID-19, Defendants Reynolds and Lebo (“State Defendants”)
indicated they would enforce Section 280.31 against school districts that implemented mask
mandates. For example, Director Lebo’s office warned that “school districts that choose not to
follow the ban could receive citations” and “be referred to the State Board of Education,” thereby
risking their accreditation.  Pl. Appx. at 70 (“Can Iowa Schools Defy the State’s COVID Mask
Ban Like Florida and Texas Schools Are?”, Des Moines Register (Aug. 16, 2021),
https://www.desmoinesregister.com/story/news/politics/2021/08/16/what-backlash-could-
schools-face-if-they-defy-iowas-mask-mandate-ban-kim-reynolds-cdc-covid/5512069001/); Pl.
Appx. at 73 (“Gov. Reynolds issues a statement in response to the Biden Administration’s latest
letter”, Aug. 30, 2021, https://governor.iowa.gov/press-release/%C2%A0gov-reynolds-issues-a-
statement-in-response-to-the-biden-administration%E2%80%99s-latest).
7. Similarly, on August 30, 2021, after the U.S. Department of Education announced an
investigation into whether Iowa’s mask ban required schools to violate federal disability law,
Governor Reynolds proclaimed, “In Iowa, we will continue to support individual liberty over
government mandates.” Pl. Appx. 73; ECF-17.
8.  Director Lebo and Governor Reynolds have never repudiated these statements. To the
contrary, in their appellate briefing, they specifically warned “a school that violates the statute—
like any school law—could eventually be subject to loss of accreditation or other action by the
State Board of Education if the violation is not remedied. Similarly, a school administrator that
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 3 of 8

4
disregards the statute could be subject to professional licensure discipline by the Iowa Board of
Educational Examiners.” Pl. Appx. at 79; Appellant Br., Oct. 19, 2021, Dkt. 5088857 at 12.
9.  While certain school districts publicly indicated their wish to reimplement mask
mandates for the 2021-22 school year, they did not do so because of the Defendants’ statements.
Pl. Appx. at 57; ECF 28-1 (Letter from C. Joseph Holland, Sept. 10, 2021).

10.  The Plaintiff students with disabilities have a range of medical conditions that put
them at heightened risk of severe illness should they contract COVID-19.  Pl. Appx. 123-69;
ECF 3-2 ¶ 27, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 48-5, 48-6, 48-7, 48-8, 48-10,
48-11, 48-13, 48-14.
11. In the absence of masking, some Plaintiffs pulled their medically vulnerable children
out of school; others had no choice but to send their children to school at a significant threat to
their health.  Id; Pl. Appx. 154-57, 166-67; ECF 48-5; ECF 48-6; ECF 48-13.
12. State Defendants told this Court that “Section 280.31 doesn’t prohibit any actions of a
school where ‘the facial covering . . . is required by . . . any other provision of law’ . . . . So if
Plaintiffs are correct that federal law requires some facial coverings in schools, section 280.31
doesn’t prohibit it. No injunction of the statute’s enforcement is required. A school already has it
within its power to comply with any requirement of federal law.” Pl. Appx. at 81; ECF 42 at 6.
13.  At the hearing before this Court, State Defendant’s counsel stated that “[S]ection
280.31 contains an explicit exception that allows mandates of face coverings when required by
any other provision of law. That includes federal law.” Pl. Appx. 174-75; ECF 37 (9/10/21 Tr.)
at 27-28.
14.  Following entry of the TRO, more than twenty-four school districts reintroduced
some type of masking, including in eight of the ten school districts attended by Plaintiffs. Pl.
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 4 of 8

5
Appx. 154-55; ECF 48-2 ¶¶ 2, 3(a)-(x), ECF 48-5, 48-6, 48-7, 48-8, 48-9, 48-10, 48-11, 48-13,
48-14, 48-15.
15.  In briefing papers, State Defendants reiterated their position that “Section 280.31
permits schools to impose to mandate [sic] the wearing of masks if it ‘is required by . . . any
other provision of law.’ The statute thus doesn’t prevent schools from complying with the ADA
and section 504.”. Pl. Appx. at 80; Appellant Br., Oct. 19, 2021, Dkt. 5088857 at 18. See also Pl.
Appx. at 81; Appellant Br., Oct. 19, 2021, Dkt. 5088857 at 23 (“even if Plaintiffs are correct that
federal law requires some masks in schools, section 280.31 doesn’t prohibit it.).

16.  In briefing on appeal, State Defendants specifically warned that “a school that
violates the statute--like any school law--could eventually be subject to loss of accreditation or
other action by the State Board of Education if the violation is not remedied. Similarly, a school
administrator that disregards the statute could be subject to professional licensure discipline by
the Iowa Board of Educational Examiners.” Pl. Appx. at 79; Appellant Br., Oct. 19, 2021, Dkt.
5088857 at 12.
17. In the same briefing, State Defendants further stated that “the ADA and the Rehab
Act do not override neutral local school district policies” and thus do not “provide a basis to
override this statutory product of Iowa’s democratic process.” Pl. Appx. at 85.
18. In the same briefing, State Defendants told the Eighth Circuit that “Plaintiffs might be
able to request some relief other than the granted injunction to seek resolution of these disputes”
if “Plaintiffs are correct that universal mask mandates in schools are required by federal
disability law.” Pl. Appx. at 82.

 19.  On May 27, 2022, the Superintendent of the Iowa City School District wrote in a
message to families and staff that “the U.S. Court of Appeals for the 8th Circuit ruled that school
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 5 of 8

6
districts cannot universally require facemasks to be worn.”  Pl. Appx. at 75-76 (Declaration of
Michelle Croft).
20.   Three physicians who treat plaintiffs have determined that requiring individuals
around the Plaintiff to mask is still necessary for some students with disabilities to have equal
access to their educations, and future waves of the pandemic may strengthen this need.  Pl. Appx.
at 4-15 (Declaration of Dr. Lisa Menzies; Declaration of Dr. Stephen Mooradian); Pl. Appx. at
17-19 (Declaration of Carissa Froyum Roise, Letter of Dr. Tim Starner).

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
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 6 of 8

7
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*
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
Dated: July 1, 2022
*Admitted pro hac vice
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 7 of 8

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
Case 4:21-cv-00264-RP-HCA   Document 88-2   Filed 07/01/22   Page 8 of 8

File and source

File

gov.uscourts.iasd.77124.88.2.pdf

Size

234,996 bytes

SHA-256

e9a86c40a88b7ecc52265bd45e48065214edd613eedf80a75292ca0b6edeebb1

Our copy

gov.uscourts.iasd.77124.88.2.pdf

Original

archive.org