The Arc of Iowa v. Kimberly Reynolds, No. 21-3268 (8th Cir. 2022)
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Defendants Kim Reynolds, Governor of Iowa, and Ann Lebo, Director of the Iowa Department of Education, appealed the district court’s entry of a preliminary injunction completely barring enforcement of Iowa’s facial covering statute, Code Section 280.31. The Eighth Circuit vacated the district court’s entry of preliminary injunction completely barring enforcement of Iowa Code Section 280.31 as moot.
The court reasoned that the issue surrounding the preliminary injunction is moot because the current conditions differ vastly from those prevailing when the district court addressed it. The court reasoned that COVID-19 vaccines are now available to children and adolescents over the age of four, greatly decreasing Plaintiffs’ children’s risk of serious bodily injury or death from contracting COVID-19 at school. Further, when Plaintiffs sought a preliminary injunction, delta was the dominant variant, producing high transmission rates and caseloads throughout the country. Now, omicron has become dominant and subsided, leaving markedly lower transmission rates and caseloads throughout Iowa and the country. The court noted that to the extent that the case continues, the Court emphasized that the parties and district court should pay particular attention to Section 280.31’s exception for “any other provision of law.” Iowa Code Section 280.31. This exception unambiguously states that Section 280.31 does not apply where “any other provision of law” requires masks. The word "any” makes the term “provision of law” a broad category that does not distinguish between state or federal law.
Court Description: [Per Curiam - Before Benton, Kelly, and Erickson, Circuit Judges] Civil case - COVID. For the court's prior opinion in the matter, see The Arc of Iowa v. Reynolds, 24 F.4th 1162 (8th Cir. 2022). Rehearing by panel granted on March 28, 2022. This appeal of a preliminarily injunction completely barring enforcement of Iowa Code Sec. 280.31 which prohibited public school districts from requiring masks for employees, students or visitors, has been mooted by the passage of time and the acts of third parties, and the preliminary injunction is vacated; the court takes no position on the merits of plaintiffs' claims, which are left for future decision. Judge Kelly, dissenting. [ May 13, 2022 ]
This opinion or order relates to an opinion or order originally issued on January 25, 2022.
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