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Federal Court Dismisses Case Against Governor Who Prohibited Mask Mandates In Schools
Daily Caller News Foundation ^ | February 27, 2024 | John Oyewale

Posted on 02/28/2024 4:30:52 AM PST by george76

A federal court dismissed a case Tuesday against Republican Iowa Gov. Kimberly Reynolds’ prohibition of mask mandate in school districts across the state, official documents showed.

The U.S. Court of Appeals for the Eighth Circuit found “persuasive” the argument that “the general risks associated with COVID-19, even though COVID-19 remains an ever-present concern in society, are not enough to show ‘imminent and substantial’ harm,” court papers showed in part.

The court also decided that “because Plaintiffs have only alleged the potential risk of severe illness should they contract COVID-19 at school, the risk of harm is too speculative to satisfy the injury in fact element” and that “[e]ven if Plaintiffs could show injury in fact, they cannot carry their burden to establish traceability,” according to the papers.

The ruling was in response to the nearly two-and-a-half-year-long legal challenge by eleven parents and a disability rights group, The Arc of Iowa, to an Iowa law, House File 847, that prohibits school districts from imposing mask mandates in schools. The plaintiffs filed the lawsuit Sep. 3, 2021, arguing that it was to protect children too young to be vaccinated and who suffered from “disabilities, including underlying health conditions” that made them “particularly susceptible to severe illness, long haul COVID symptoms, or even death from COVID-19,” an American Civil Liberties Union (ACLU) press release noted.

The law was “a civil rights violation that puts vulnerable kids in a dangerous situation,” ACLU of Iowa Legal Director Rita Bettis Austen said


Reynolds appeared satisfied with the ruling, saying that children were “the least vulnerable” but “paid the highest price for COVID lockdowns and mandates” and that Iowa was “the first state to get students back in the classroom and we prohibited mask mandates in schools, trusting parents to decide what was best for their children.”

“Elected leaders should always trust the people they serve, and I promise I would do it again,” she added.

The ACLU, which had filed 145 legal cases since the start of COVID-19, was disappointed by the ruling but “proud of what this case was able to accomplish for vulnerable children in Iowa,” adding that the case provided “early relief for our clients,” the Associated Press (AP) reported.

Reynolds was an appellant in the case, being dissatisfied with a federal judge’s Nov. 2022 ruling in favor of the parents and disability rights advocates that schools must consider a mask mandate as a possible, reasonable modification to the state law to make accommodations for disabled students, the AP report noted.

The U.S. Eighth Circuit’s Tuesday dismissal of the appellees’ case reportedly marked the end of the case.

TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: Iowa
KEYWORDS: 3judgepanel; 8thcircuit; acluofiowa; civilrights; civilrightsviolation; clintonjudge; clintonstooge; dangeroussituation; duanebenton; dubyajudge; education; eighthcircuit; housefile847; iowa; johnoyewale; jonathanakobes; kimberlyreynolds; lawfare; mandate; mandates; mask; maskmandates; masks; masksmandate; masksmandates; ralphrerickson; rapinbilljudge; ritabettisausten; robertpratt; robertwpratt; school; schooldistrict; schooldistricts; schools; sdiowa; thearcofiowa; threejudgepanel; trumpjudge

1 posted on 02/28/2024 4:30:52 AM PST by george76
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To: george76

It’s the Vax, that is the killer. Masks don’t stop anything that you can’t see.

2 posted on 02/28/2024 4:42:47 AM PST by spincaster
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To: spincaster
Masks don’t stop anything that you can’t see.

Sure they do!

They stop oxygen from getting to your lungs.

3 posted on 02/28/2024 5:21:13 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: george76

I wonder if the defense used the argument that those affected, concerned students were free to wear a mask 24 hours per day....if they were so effective. There was no prohibition on wearing a mask.


4 posted on 02/28/2024 5:32:44 AM PST by Ex-Con777
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To: george76

Robert W. Pratt, Southern District of Iowa Clinton stooge and pimp for the ACLU of Iowa, smacked down by two Trump judges and a Dubya judge from the Eighth.

5 posted on 02/28/2024 11:33:25 AM PST by kiryandil
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