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Iowa’s book ban law reaches a federal appeals court

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Iowa’s book ban law reaches a federal appeals court


A panel of federal appeals court judges will choose what happens next for Iowa’s education law that bans books with sexual content in school libraries and prohibits instruction related to gender identity and sexual orientation for grades K-6.

In oral arguments held in a St. Paul, Minnesota, courtroom Thursday, an attorney for the State of Iowa asked the judges to lift a preliminary injunction that has blocked enforcement of SF 496 since late December.

That ruling was made in response to two separate legal challenges that argue the law silences LGBTQ students from expressing their identities and restricts students’ free access to information.

Iowa Solicitor General Eric Wessan told the three-judge panel with the Eighth Circuit Court of Appeals that the state has the ability to tell schools to remove books that show or describe sexual acts, as defined in criminal code, because “library curation is government speech.”

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“The public schools are themselves representative of the state and the values that the state seeks to inculcate in children as part of its pedagogical goal of raising its future citizens,” Wessan said.

Matt Sieren

/

Iowa Public Radio

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The list of banned books includes The Giver, Animal Farm, Adventures of Huckleberry Finn, To Kill A Mockingbird, Farhenheit 451 and The Diary of Anne Frank.

When District Court Judge Stephen Locher blocked enforcement of the law, he called it a “bulldozer” because so many books could be banned. The Des Moines Register has found nearly 1,000 different titles were removed from school libraries since the law first took effect. Those include titles by authors John Green and Jodi Picoult who are part of the lawsuit involving the publisher Penguin House, as well as well-known books like 1984, The Handmaid’s Tale and The Kite Runner.

Attorney Nathan Maxwell of Lambda Legal, which is part of a lawsuit with the ACLU of Iowa representing LGBTQ students, said the law’s definition of what is age appropriate is simply too broad.

“The problem with this law is it says if it’s not appropriate for a first grader it’s therefore not appropriate for a senior in high school. And so those seniors in high school are losing out on information,” Maxwell told reporters after the appeals court hearing. “There’s something special about a school library, which is where students go specifically to learn. Having access in school libraries is substantively different than being able to buy [a book] anywhere in the world.”

Judge questions scope of challenge

The lower court’s injunction also applies to a ban on instruction related to LGBTQ topics in kindergarten through sixth grade. The state argues both major pieces of the law should be enforced as the legal challenges proceed.

In questions he raised during oral arguments, Judge James Loken appeared to criticize the groups suing the state for bringing a facial challenge — that is, a claim that the law is entirely unconstitutional based on how it was written — instead of challenging how the law has been applied.

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“This could easily have gone to a — probably a series, certainly more than one — as-applied challenge, from which, the judicial interpretation of this statute and how school boards should apply it, would become clear to educators in Iowa,” Loken said.

“I question how many it would take,” replied ACLU of Iowa attorney Thomas Story. “I can’t see any because I can’t see a way to read this law without it not making sense or not being constitutional.”

Speaking after the hearing, Story warned against guessing a judge’s position on the case based on the questioning in courtroom.

Christy Hickman, an attorney for the Iowa State Education Association, said the courts need to weigh in on the law because guidance from state education officials is limited and school districts don’t seem to agree on how it is supposed to work.

“If you look at the extreme differences across school districts and the number and types of books that have been removed, it shows you that there is a lot of confusion and ambiguity and interpretation,” Hickman said. “If we had to start all over, and start suing individual school districts, think about the court and school and public resources that go into that. I hope that is not where we end up.”

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What happens if the book ban law is enforced

The law includes potential consequences for school districts or teachers who are found to have kept books on library shelves that contain sexual content.

One violation warrants a written warning from the Iowa Department of Education. But after two or more violations, the case would be referred to the Board of Educational Examiners, which certifies teachers and administrators to work in Iowa schools. The BOEE could bring up the case for disciplinary action.

The Eighth Circuit Court of Appeals must decide on the current preliminary injunction before the two cases against the education law continue.

Attorneys involved in the case would not comment on their strategy if the injunction is lifted, but Maxwell said they would continue to stand behind students and others impacted by the law.

“We will continue to fight for the students and families in Iowa to be able to access this information and to be able to speak freely about who they are in school and anywhere,” Maxwell said.

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Iowa women’s wrestling finishes third at National Duals

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Iowa women’s wrestling finishes third at National Duals


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CEDAR FALLS − The undefeated start to the Iowa women’s wrestling program has ended after the Hawkeyes lost a dual for the first time in program history at the NWCA National Duals on Jan. 10.

A 40-5 win over William Jewell College and a 39-3 victory over Sacred Heart set up a major semifinal clash with rival North Central College on Jan. 10.

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Iowa won six of 10 matches in the semifinals. Karlee Brooks beat national runner-up Yele Aycock by a 8-4 decision, 138-pounder Skye Realin defeated a former national champion by a 6-6 score on criteria in Claire Dicugno with a four-point throw at the buzzer, Reese Larramendy knocked off No. 1 ranked and former Hawkeye teammate Bella Mir in a 10-4 decision at 145 and 180-pounder Kylie Welker wrestled and won in just her second match back after a period of rest to start the season.

All of those wins helped put Iowa in front, 21-18, going into the final bout at 207 pounds.

What did the Hawkeyes in was losses by fall at 110, 124 and 207. The 207 loss, with Dasia Yearby pinning Jaycee Foeller in the first period, gave North Central a 23-21 victory despite the Cardinals dropping six of 10 matches. North Central also scored team points in nine of 10 bouts because they scored match points and did not lose by fall.

As a result, the Iowa program’s 42-0 unblemished record in duals was broken.

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The final result was eerily similar to the dual between the two teams at the same tournament two years ago, where the Hawkeyes also lost six of 10 bouts, but got crucial bonus points and at least one team point in all 10 bouts to escape with a 21-20 win.

Iowa women’s wrestling coach Clarissa Chun emphasized to her team two years ago that every point mattered in the win. This time around, it worked against them as the Cardinals got the upset victory.

“Every point does matter,” Chun said. “You can’t replicate those moments in those times, in certain moments and positions. We got to be better at finishing, that’s apparent. We can get to the legs, but we got to continue to wrestle through that to the strong finish.”

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Iowa women’s wrestling’s Skye Realin discusses loss to North Central

VIDEO: Iowa women’s wrestling’s Skye Realin discusses loss to North Central

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Chun said the emotions were raw afterwards, with wrestlers in and out of the lineup taking the loss to heart. Welker, who won her bout 8-2 against Jael Miller, took it hard since she nearly had a pin that could have flipped the final result.

“There was a lot of us that felt it was hard to take a loss, especially for me, and there was a couple other girls that took it pretty hard,” Welker said. “I have girls that look to me, so I’m like, ‘I got to pull myself together and step forward with them, alongside them so we can finish this tournament.’”

Ultimately, the Hawkeyes finished with a win in the third-place bout shortly after by defeating a solid Grand Valley State team, 26-15. The main difference, they said, was the positive energy exuded from the coaching staff to not harp on the past and look for the next best thing.

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Iowa women’s wrestling’s Karlee Brooks discusses loss to North Central

VIDEO: Iowa women’s wrestling’s Karlee Brooks discusses loss to North Central

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While the loss brings an unfamiliar feeling to the program, it’s something they knew would come eventually. While it was their main rival today, McKendree will also present a tough challenge to the field when the NCAA Championships come in March.

Behind stars Welker and Kennedy Blades, rising wrestlers like Brooks and Realin, as well as proven veterans in Larramendy, Brianna Gonzalez and Foeller, Iowa will have a good chance to win a third-consecutive team title this season.

Even in a crushing loss, they got some key wins from those like Realin, Larramendy and Brooks that bode well for the Hawkeyes in the future. The places they faltered were spots they’ll have confidence to bounce back or won’t apply come the NCAA Championships, like Nyla Valencia’s loss by fall after controlling most of the bout at 110 pounds, and Welker and Blades giving up team points in their matches.

Regardless, the third-place finish served as a reminder to the program and fans alike that this year is going to bring Iowa’s toughest challenge yet.

“Everyone on our team knows it, this sport has depth,” Chun said. “There are great wrestlers across the entire country.”

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Iowa women’s wrestling’s results at NWCA National Duals

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Iowa women’s wrestling’s Kylie Welker’s National Duals press conference

VIDEO: Iowa women’s wrestling’s Kylie Welker discusses program’s first loss

Round of 16: Iowa 40, William Jewell College 5

  • 103 – Sterling Dias (Iowa) over Juliana Alejandro (William Jewell College) TF 11-0
  • 110 – Nyla Valencia (Iowa) over Unknown (Unattached) Forf
  • 117 – Alexandra Waitsman (William Jewell College) over Harlee Hiller (Iowa) Fall 1:04
  • 124 – Isabella Gonzales (Iowa) over Miyah Palacios (William Jewell College) TF 10-0
  • 131 – Emily Frost (Iowa) over Shelby Kemp (William Jewell College) Fall 1:22
  • 138 – Lilly Luft (Iowa) over Zainab Ibrahim (William Jewell College) Fall 2:01
  • 145 – Cadence Diduch (Iowa) over Mckinzie Ross (William Jewell College) TF 11-0
  • 160 – Kennedy Blades (Iowa) over Paige Barber (William Jewell College) TF 10-0
  • 180 – Katja Osteen (Iowa) over Jianna Chavez (William Jewell College) Fall 1:22
  • 207 – Jaycee Foeller (Iowa) over Desiree Hall (William Jewell College) TF 10-0

Quarterfinal: Iowa 39, Sacred Heart University 3

  • 103 – Valarie Solorio (Iowa) over Aaliyah Payne-Parris (Sacred Heart) Fall 0:54
  • 110 – Ava Bayless (Iowa) over Tiffany Stoshak (Sacred Heart) TF 10-0
  • 117 – Brianna Gonzalez (Iowa) over Tatiana Walker (Sacred Heart) TF 11-0
  • 124 – Cali Leng (Iowa) over Lauren Nguyen (Sacred Heart) TF 10-0
  • 131 – Bella Williams (Iowa) over Bella Sowards (Sacred Heart) TF 10-0
  • 138 – Skye Realin (Iowa) over Elleahna Anderson (Sacred Heart) Fall 2:21
  • 145 – Reese Larramendy (Iowa) over Selena Sifuentes shaffer (Sacred Heart) TF 10-0
  • 160 – Kennedy Blades (Iowa) over Love Daley (Sacred Heart) TF 10-0
  • 180 – Kylie Welker (Iowa) over Madeline Hodges (Sacred Heart) TF 10-0
  • 207 – Josephine Larson (Sacred Heart) over Libby Dix (Iowa) Dec 5-2

Semifinal: North Central College 23, Iowa 21

  • 103 – Valarie Solorio (Iowa) over Brianne Graves (North Central College) TF 12-0
  • 110 – Kaelani Shufeldt (North Central College) over Nyla Valencia (Iowa) Fall 5:38
  • 117 – Riley Rayome (North Central College) over Brianna Gonzalez (Iowa) Dec 3-3
  • 124 – Sara Sterner (North Central College) over Cali Leng (Iowa) Fall 1:45
  • 131 – Karlee Brooks (Iowa) over Yele Aycock (North Central College) Dec 8-4
  • 138 – Skye Realin (Iowa) over Claire Dicugno (North Central College) Dec 6-6
  • 145 – Reese Larramendy (Iowa) over Bella Mir (North Central College) Dec 10-4
  • 160 – Kennedy Blades (Iowa) over Taylor Graveman (North Central College) TF 11-1
  • 180 – Kylie Welker (Iowa) over Jael Miller (North Central College) Dec 8-2
  • 207 – Dasia Yearby (North Central College) over Jaycee Foeller (Iowa) Fall 1:38

Third-place dual: Iowa 26, Grand Valley State 15

  • 103 – Sterling Dias (Iowa) over Rayana Sahagun (Grand Valley State) Dec 7-0
  • 110 – Ava Bayless (Iowa) over Kiely Tabaldo (Grand Valley State) Dec 6-0
  • 117 – Brianna Gonzalez (Iowa) over Libby Roberts (Grand Valley State) TF 10-0
  • 124 – Sage Mortimer (Grand Valley State) over Isabella Gonzales (Iowa) Fall 0:37
  • 131 – Karlee Brooks (Iowa) over Aspen Blasko (Grand Valley State) Dec 8-3
  • 138 – Katerina Lange (Grand Valley State) over Lilly Luft (Iowa) TF 10-0
  • 145 – Cadence Diduch (Iowa) over Margaret Buurma (Grand Valley State) TF 10-0
  • 160 – Kennedy Blades (Iowa) over Noelle Gaffney (Grand Valley State) Fall 3:45
  • 180 – Kylie Welker (Iowa) over Maddison Ward (Grand Valley State) TF 10-0
  • 207 – Sabrina Nauss (Grand Valley State) over Jaycee Foeller (Iowa) Fall 4:47

Eli McKown covers high school sports and wrestling for the Des Moines Register. Contact him at Emckown@gannett.com. Follow him on Twitter at @EMcKown23.





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Ben Kueter earns top-10 in return to Iowa men’s wrestling lineup

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Ben Kueter earns top-10 in return to Iowa men’s wrestling lineup








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Iowa heavyweight Ben Kueter is back and feels better than ever | The Gazette






























































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Semi-truck crash causes Iowa power outage impacting hundreds

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Semi-truck crash causes Iowa power outage impacting hundreds


A pair of power outages left more than 700 people without power in Tama County Friday afternoon.

Alliant Energy says the larger outage, just north of Garwin, was caused by a semi-truck striking one of their power poles. That outages impacted 690 customers as of 5 p.m. Friday.

The smaller outage impacted roughly 36 people in Tama. The outage was caused by equipment needing repairs.

Alliant says crews are on site and working to fix both outages.

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