Poorly-drafted law opened door to Iowa City mask order
Friday, Aug 20 2021
Laura Belin
Republican lawmakers intended to prohibit schools, cities, and counties from requiring masks when they amended an education bill on the final day of the legislatures 2021 session. But House File 847, which Governor Kim Reynolds rushed to sign within hours of its passage, was not well crafted to accomplish that goal.
An apparent drafting error opened the door for the mask order Iowa City Mayor Bruce Teague announced on August 19, with the full support of the city council.
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State Representative Dustin Hite (an attorney) offered the language banning mask mandates when the Iowa House debated an education bill on May 19. Introducing his amendment, Hite explained that schools would not be able to require the wearing of masks with a few exceptions, and cities and counties cannot require masks on private businesses.
Hites amendment was added to House File 847 as sections 28 through 31, with language allowing its provisions to take effect immediately after the governor signed the bill, rather than on July 1 like most legislation. Section 30 reads (emphasis added),
A city shall not adopt an ordinance, motion, resolution, or amendment, or use any other means, that requires the owner of real property to implement a policy relating to the use of facial coverings that is more stringent than a policy imposed by the state.
Iowa Citys order does not require business owners to implement mask policies. It requires most
individuals to wear face coverings in most public settings, including a wide array of businesses.
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https://www.bleedingheartland.com/2021/08/20/poorly-drafted-law-opened-door-to-iowa-city-mask-order