ARC OF IOWA v. REYNOLDS

No. 21-3268.

24 F.4th 1162 (2022)

The ARC OF IOWA; Charmaine Alexander, Individually and on behalf of C.B.; Johnathan Craig, Individually and on behalf of E.C. on behalf of J.C.; Michelle Croft, Individually and on behalf of J.J.B.; Amanda Devereaux, Individually and on behalf of P.D.; Carissa Froyum Roise, Individually and on behalf of H.J.F.R.; Lidija Geest, Individually and on behalf of K.G.; Melissa Hadden, Individually and on behalf of V.M.H.; Lisa Hardisty Sithonnorath, Individually and on behalf of A.S.; Heather Lynn Preston, Individually and on behalf of M.P. on behalf of S.P.; Rebekah Stewart, Individually and on behalf of E.M.S.; Erin Vercande, Individually and on behalf of S.V. Plaintiffs-Appellees v. Kimberly REYNOLDS, In her official capacity as Governor of Iowa; Ann Lebo, In her official capacity as Director of the Iowa Department of Education Defendants-Appellants 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; Waterloo Community School District Defendants American Academy of Pediatrics; American Academy of Pediatrics, Iowa Chapter Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Samuel Paul Langholz , Assistant Solicitor General, of Des Moines, IA. The following attorney(s) appeared on the appellant brief; Jeffrey S. Thompson , Solicitor General, of Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Elisabeth S. Theodore , of Washington, DC. The following attorney(s) appeared on the appellee brief; Shefali Aurora , Rita Bettis Austen and Leah Patton , Des Moines, IA; John A. Freedman , Elisabeth S. Theodore , Anthony Franze , and Tara L. Williamson of Washington, DC; Catherine Johnson and Cynthia A. Miller , Des Moines, IA, Louise Melling and Jennesa Calvo-Friedman of New York, NY; Shira Wakschlag of Washington, DC; Susan Mizner of San Francisco, CA; Jim T. Duff and Thomas J. Duff of West Des Moines, IA.

The following attorney(s) appeared on the amicus brief of Iowa Chapter of American Academy of Pediatrics and American Academy of Pediatrics on behalf of Appellees: Leon Greenfield , Perry Lange , David Katz and Anna Noone of Washington, DC; Caitlin L. Slessor and Samuel E. Jones of Cedar Rapids, IA; Jessica Anne Morton and Jeffrey B. Dubner of Washington, DC.

Before BENTON, KELLY, and ERICKSON, Circuit Judges.


Plaintiffs, the Arc of Iowa and Iowa parents whose children have serious disabilities that place them at heightened risk of severe injury or death from COVID-19, sued to enjoin enforcement of Iowa's law prohibiting mask requirements in schools. The district court ruled that the law violated the Americans with Disabilities...

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