Federal judges to decide fate of Iowa mask mandate law - KCCI Des Moines
DES MOINES, Iowa —
The federal lawsuit over Gov. Kim Reynolds' mask mandate ban is taking another step forward Thursday.
Reynolds is battling for parental choice, more specifically, a parent's right to choose whether or not their child needs to wear a mask in school.
She is fighting to keep Iowa's law banning mask mandates in schools, a law that has been put on hold until the courts make their decision.
The state appealed the temporary injunction of Iowa's mask mandate ban today. Reynolds filed the appeal with the 8th Circuit Court.
She signed the bill into law in May, but after the ACLU sued the governor over it and the injunction was put into place, schools were allowed to go back to implementing mask mandates.
Both sides presented their cases Thursday morning. Three federal judges are now deliberating.
Some parents turned in religious and medical exemptions, others ran for school board on an anti-mask platform.
Drake University Associate Law Professor Denise Hill said the lawsuit may have solid ground to stand on.
"The government has a duty, a legal duty, to make sure that they have meaningful access to the services and opportunities that school provides. And so that's really what this is all about," Hill said.
Plaintiffs, ARC of Iowa and the ACLU, say the law violates the Americans with Disabilities Act.
Two parents from the Ankeny school district are cited in the governor's appeal. It claims mask mandates discriminate against children with sensory disorders, respiratory conditions like asthma, and those living with autism or other kinds of behavioral issues.
One Ankeny parent states her child suffers from asthma and doesn't receive enough clean oxygen while wearing a mask.
The Asthma and Allergy Foundation of America says the use of a face mask is beneficial to those with mild cases of asthma. It says masks can reduce the amount of pollen inhaled, and keep you warm during cold weather.
For people with more extreme cases, it recommends trying different kinds of fabrics and fits. It claims quote, "Wearing some kind of breathable face mask is better than nothing."
Another Ankeny mother testifies wearing a mask is a trigger for child. She says, "when she wears a mask, her brain interprets her skin as being on fire or poked with sharp needles."
She also says it creates a traffic jam in her daughter's brain and that she essentially becomes paralyzed in that moment.
That claim is supported by a study from Boys Town National Research Hospital in Nebraska. It found wearing a mask for children with these types of disorders can overwhelm their bodies, leading to meltdowns.
The hospital says parents can get kids used to masks by having them hold, feel and press the masks against their skin and face. They can also put masks on stuffed animals and read stories about masks to make them more normal.
A professor at the Johns Hopkins says there could be negative impacts to students' social and emotion well-being. This is because facial expressions and movements are important for development.
Federal judge grants temporary injunction against Iowa law banning mask mandates
source: https://www.kcci.com/article/mask-mandate-lawsuit-in-iowa-goes-to-court-thursday/38288577
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