The American Civil Liberties Union stepped into the nation's masking debate in K-12 schools on the side of parents of students with disabilities. They won the first round in the U.S. Southern District Court of Iowa. Mask mandates are permitted again.

It's been a repeated theme in the courts throughout the pandemic: public health vs. individual rights and freedom. Washington Post correspondent Philip Bump called it a struggle "to balance the collective against the individual good" in his Sept. 7 analysis about vaccine mandates. [Two days later, President Biden announced a series of vaccine mandates that have aroused much opposition.]
Iowa is one of ten states that have enacted "measures that prohibit or severely restrict schools from requiring mask-wearing," reported Alison Durkee of Forbes on Aug. 31, illustrating a second pandemic theme – states preempting local authorities from enacting public health and safety measures.
"The state of Iowa is putting parents back in control of their child’s education and taking greater steps to protect the rights of all Iowans to make their own health care decisions," said Gov. Kim Reynolds upon signing House File 847 on May 19, as reported by Ian Richardson of the Des Moines Register. "I am proud to be a governor of a state that values personal responsibility and individual liberties."
On Sept. 3, parents of disabled students filed suit against Reynolds, Iowa Department of Education Director Ann Lebo and several school districts to block enforcement of the law. As noted in a related post (Biden Administration Targets Five States that Ban School Mask Mandates, September 7, 2021), students with disabilities are at heightened risk of severe illness from COVID-19, particularly those younger than 12 years of age as they are ineligible to be vaccinated, which needed to be considered in ensuring their right to access in-person learning safely.
Ten days later, "U.S. District Court Judge Robert Pratt issued a temporary restraining order Monday stopping the enforcement of the mask mandate ban, siding with the parents of several students with disabilities," reported Stephen Gruber-Miller of the Des Moines Register on Sept. 13 (source article).
According to guidance for COVID-19 prevention in K-12 schools issued by the Centers for Disease Control and Prevention on August 5, "due to the circulating and highly contagious Delta variant, CDC recommends universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status."
The American Civil Liberties Union of Iowa, which represented the plaintiffs, praised the decision.
“We are grateful to the district court for blocking this dangerous law, which put vulnerable kids in harm's way and violated their civil rights in education," said Rita Bettis Austen, the ACLU of Iowa's legal director, in a statement.
Gov. Reynolds stated that an appeal would be forthcoming, adding that the state would "defend the rights and liberties afforded to any American citizen protected by our constitution."
Update on Related Florida Litigation
As posted late last month, parents of disabled students won the 'first round' in Leon County Circuit Court against the state of Florida's ban on mask mandates. Florida Gov. Ron DeSantis (R) immediately appealed the decision to the state's First District Court of Appeal in Tallahassee. On Sept. 10, the court ruled that the ban can remain in place while the case is litigated, giving DeSantis a temporary win in the battle.
DeSantis scored a second win in federal court on Sept. 16 when "U.S. District Judge K. Michael Moore ruled [pdf] Thursday against Florida parents who alleged the state’s prohibition on school mask orders violates the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act," reports Durkee for Forbes.
Moore’s ruling comes after other judges in Tennessee and Iowa struck down those states’ restrictions on school mask mandates in similar lawsuits arguing the state measures violated the ADA.
Other lawsuits alleging statewide school mask mandate bans are also pending in Texas, South Carolina and Utah.
FULL STORY: Iowa schools can again mandate masks after a federal judge temporarily blocks law

Amtrak Ramping Up Infrastructure Projects
Thanks to federal funding from the 2021 infrastructure act, the agency plans to triple its investment in infrastructure improvements and new routes in the next two years.

Ending Downtown San Francisco’s ‘Doom Loop’
A new public space project offers an ambitious vision—so why is the city implementing it at such a small scale?

Proposal Would Transform L.A.’s ‘Freeway to Nowhere’ Into Park, Housing
A never-completed freeway segment could see new life as a mixed-use development with housing, commercial space, and one of the county’s largest parks.

California Legislative Package Seeks to Address Homelessness and Mental Health
The state is investing $22 billion in supportive housing, mental health services, shelter beds, and housing units for its most vulnerable residents.

Advancing Shade Equity in LA’s Koreatown
Koreatown is one of Los Angeles's densest and most park-poor communities. A privately funded tree planting initiative will bring some much needed greenery and shade to the area.

Federal Government Announces National Climate Resilience Framework
The document is designed to guide federal investment into community-driven solutions tailored to local conditions and needs.
Alta Planning + Design
Alta Planning + Design
City of Kyle
HUD's Office of Policy Development and Research
Washington University
Mpact: Mobility, Community, Possibility
City of Helena
Lassen County Planning and Building Services
City of San Carlos
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.