Iowa Judge Denies Request to Halt State Mask Ban
A state court judge declined last Friday to halt enforcement of an Iowa law that prohibits school boards from enacting mask requirements, saying there is no evidence that any school board would immediately impose a mask mandate if the law wasn’t in effect.
The ruling came in a lawsuit filed by Frances Parr, a mother of twin boys from Council Bluffs. She sued the state, Gov. Kim Reynolds and several state officials last month in Polk County District Court, seeking an order halting enforcement of the law Judge Celene Gogerty, who was appointed to the bench by Reynolds in November 2018, said Parr has presented no evidence that a temporary injunction would alleviate Parr’s alleged harm.
“Thus, on the evidence presented by the plaintiffs, even if the court imposed the temporary injunction, there is no evidence a mask mandate would be imposed by the plaintiffs’ school board and the plaintiffs would be in the exact position prior to the implementation of the proposed injunction,” Gogerty wrote.
Parr asserts that the law Reynolds signed in May violates her constitutional rights. Her sons were set to start first grade in the Council Bluffs Community School District this fall, but she is teaching them at home over fears for their safety since the school cannot require other students to wear masks. Gogerty also said a temporary injunction is allowed when there is no other available remedy to the plaintiffs in a case.
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