Iowa Governor Kim Reynolds Scrubs Her Lockdown Record

September 3 | Posted by mrossol | Democrat Party, Disinformation, Lockdowns, Losing Freedom, Mandates

Source: Iowa Governor Kim Reynolds Scrubs Her Lockdown Record  ⋆ Brownstone Institute

It seems that everyone is running from the lockdowns they once supported, and that includes former presidents and governors, and probably mayors too. Apologies would be better so we can at least have an honest accounting rather than an attempt to rewrite the history that everyone knows.

Jack Phillips of Epoch Times alerts readers in his article of August 31, 2023, of Iowa Governor Kim Reynolds’ recent statement on the subject of lockdowns. The Iowa State Government’s website says the following:

“Since news broke of COVID-19 restrictions being reinstated at some colleges and businesses across the U.S., concerned Iowans have been calling my office asking whether the same could happen here. My answer—not on my watch. In Iowa, government respects the people it serves and fights to protect their rights. I rejected the mandates and lockdowns of 2020, and my position has not changed.”

Governor Reynolds “rejected” the mandates and lockdowns of 2020? She did? Her position has remained the same? It has?

Could it be the Governor has forgotten her “orders?” On March 17, 2020, Governor Reynolds issued her first “Public Health Disaster Emergency.” Following her long list of “whereas’s,” she ordered the following:

  • Restaurants and bars: Closed to the “general public”
  • Fitness centers/health clubs, spas, aquatic centers: Closed
  • Theaters/performance centers: Closed
  • Casinos/gaming facilities: Closed
  • Churches: Closed
  • Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people, including but not limited to parades, festivals, conventions, and fundraisers: Prohibited.
  • Senior citizen and adult daycare centers: Closed
  • Salons/barber shops: Closed

A few weeks later on April 6, 2020, she doubled down. In this second proclamation, the Governor extended the timeline and expanded what she now says she “rejected.” To add insult, she also formally called on law enforcement to “assist in the enforcement of these ‘mitigation efforts’.” To wit:

“To encourage further social distancing and mitigation efforts, the proclamation orders additional closures effective at 8:00 a.m. on Tuesday, April 7th until Thursday, April 30th”: (Highlight and underline added)

  • Malls
  • Tobacco or vaping stores
  • Toy, gaming, music, instrument, movie, or adult entertainment stores
  • Social and fraternal clubs, including those at golf courses
  • Bingo halls, bowling alleys, pool halls, arcades, and amusement parks
  • Museums, libraries, aquariums, and zoos
  • Race tracks and speedway.
  • Roller or ice skating rinks and skate parks
  • Outdoor or indoor playgrounds or children’s play centers
  • Campgrounds

Should we afford the Governor the benefit of the doubt? That she “rejected” “mandates and lockdowns” all the way through Mar 16, 2020? Then changed her mind? Hence, rejecting them before implementing them?

Should we resist the impulse to accrue to the Governor a little bit of gaslighting in her August 30, 2023 statement? Will she insist that businesses she ordered closed and the behaviors she prohibited* – to be enforced by law enforcement – weren’t “mandated” “lockdowns?” That they were instead “mitigation efforts” as spelled out in her “orders?” That all this merely carried the weight of suggestion? This…so that she can now say that she “rejected” mandates and lockdowns?

At best – at best – this PR stunt strains credulity. Especially when simple searches can recall those pesky things called facts. On the record.

At worst? At worst, why, some might suggest it describes a woman whose actual status rhymes with “fire.”

Maybe the Governor needs a chance to explain herself, including her definition of “rejected.” I can just hear her now: “I did reject the lockdowns before I didn’t.” I daresay that would make for some really great reading.

In the meantime, some of us who rejected all the unlawful nonsense, who were never fooled by any of these fools, who never cooperated and gave up all – remain unfooled – even when the likes of a Kim Reynolds attempts to rewrite history.

I have attached both of Governor Reynolds’ “mitigation effort” orders.

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Tuesday, March 21, 2020

DES MOINES – Gov. Reynolds issued a State of Public Health Disaster Emergency activating the public health response and recovery aspects of the State Disaster Emergency Plan effective at noon today.

It takes significant steps to require social distancing and limit community spread of the virus by implementing temporary measures including moving restaurants to drive-through, carry-out, and delivery only and closures of certain entities such as bars and recreational facilities. The proclamation also allows state agencies additional flexibility in responding to the unprecedented COVID-19 situation, and supports the critical work of public health.

“These are unprecedented times and the state of Iowa will do whatever is necessary to address this public health disaster. I have authorized all available state resources, supplies, equipment and materials to combat the spread of COVID-19,” said Gov. Reynolds. “The actions taken today are necessary to protect the health and safety of all Iowans and are critical to mitigating the spread of the virus.”

Read the full text of the proclamation below, or click here:

WHEREAS, the World Health Organization has reported an outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency; and

WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to coordinate the State of Iowa’s response to this outbreak and such disaster continues to exist; and

WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a global pandemic; and

WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency; and

WHEREAS, multiple cases of COVID-19 have been confirmed in Iowa, and the Iowa Department of Public Health has determined that community spread of COVID-19 is occurring within our state; and

WHEREAS, reports forwarded by local public health officials and state public health officials indicate that local resources and capacities are being exhausted and state assistance and resources are necessary to respond to and recover from the effects of this public health disaster; and

WHEREAS, local jurisdictions may not have sufficient personnel and other resources to effectively conduct epidemiologic investigations of infectious disease outbreaks, provide medical care, and respond to health threats; and

WHEREAS, COVID-19 can spread person-to-person and poses a possibility of causing severe illness in certain populations and disability and/or death to certain Iowans. Likewise, reports forwarded by federal, state, and local officials indicate that state assistance is needed to manage and contain this outbreak; and

WHEREAS, the risk of transmission of COVID-19 may be substantially reduced by separating and restricting the movement of persons known or suspected to have the disease, or who have been exposed to those known or suspected to have the disease; and

WHEREAS, the risk of transmission of COVID-19 may be substantially reduced by community containment strategies that may include temporarily closing schools in affected communities and other public venues; and

WHEREAS, strict compliance with the provision of the Iowa Code and Iowa Administrative Code requiring a certificate of need prior to an institutional health facility operating additional bed capacity will also prevent or hinder efforts to contain this public health disaster.

WHEREAS, strict compliance with the provisions of Iowa law which establish preconditions or which would otherwise limit or restrict the provision of telehealth or telemedicine services and those which require face-to-face interactions with health care providers and requirements for residential and outpatient treatment and face-to-face visitations, would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

WHEREAS, strict compliance with the provisions of Iowa law which prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant, with an inactive or lapsed license would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

WHEREAS, strict compliance with the provisions of Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 256.16(1)(a)(2)(d) and (m) and Iowa Admin. Code rules 281-77.10 (9), 281-79.14(5), and 281-79.14(7) that require a minimum number of hours of field experience in a practitioner preparation program provided by a higher education institution would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

WHEREAS, strict compliance with the regulatory provisions of Iowa Code §§ 321.174A, 321.196, 321.39, 321.46, 321.25 regarding driver’s license, title, and vehicle registration requirements would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

WHEREAS, strict compliance with the permit and fee requirements of Iowa Code § 321E.29 and Iowa Admin. Code chapter 761-511 allowing oversize and overweight divisible loads under certain circumstances will prevent or hinder efforts to cope with this disaster in all counties of our state.

WHEREAS, strict compliance with the requirements of Iowa Code § 455C.3 (1) and Iowa Admin. Code chapter 567-107 that such dealers must accept empty beverage containers on which an Iowa deposit was made will prevent or hinder efforts to cope with this disaster in all counties of our state.

NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:

SECTION ONE. Pursuant to Iowa Code § 29C.6 (1) and (10), I hereby activate the public health response and recovery aspects of the state disaster emergency plan applicable to this public health disaster and authorize the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary pursuant to those plans to assist those citizens located in the counties subject to this proclamation.

SECTION TWO. I hereby direct the Iowa Department of Public Health, in conjunction with whatever further direction I provide, to take those reasonable and necessary actions authorized by Iowa Code § 135.144 to address this public health disaster, including but not limited to mobilizing as many public health response teams as are necessary to supplement and support disrupted or overburdened local medical and public health personnel, hospitals, and resources, as allowed by Iowa Code § 135.143 and 641 Iowa Admin. Code 113.2 (1), with the understanding that the registered members of those public health response teams providing assistance under this authority shall receive the protections and benefits of state employees as allowed by law.

SECTION THREE. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that effective Noon today, March 17, 2020, and continuing until 11:59 p.m. on March 31, 2020:

A. Restaurants and Bars: All Restaurants and Bars are hereby closed to the general public except that to the extent permitted by applicable law, and in accordance with any recommendations of the Iowa Department of Public Health, food and beverages may be sold if such food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

B. Fitness Center: All fitness centers, health clubs, health spas, gyms, aquatic centers are hereby closed.

C. Theaters: All theaters or other performance venues at which live performances or or motion pictures are shown are hereby closed.

D. Casinos and Gaming Facilities: All casinos and other facilities conducting pari-mutuel wagering or gaming operations are hereby closed.

E. Mass Gathering: Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers. Planned large gatherings and events must be canceled or postponed until after termination of this disaster.

F. Senior Citizen Centers and Adult Daycare Facilities: All facilities that conduct adult day services or other senior citizen centers are hereby closed.

SECTION FOUR. I hereby direct all state agencies to coordinate expeditiously in developing plans to mitigate the economic effects of the closings necessitated by this disaster, including potential financial support, regulatory relief, and other executive actions.

SECTION FIVE. As required by Iowa Code § 29C.6 (1), (10) and 42 U.S.C. § 5170 in cases of Presidential Disaster Declarations, this Proclamation of Disaster Emergency continues to activate the disaster response and recovery aspects of the Iowa Department of Homeland Security and Emergency Management’s Iowa Emergency Response Plan and those additional response plans applicable to the counties affected by this disaster and authorizes the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary to assist those citizens located in the disaster affected counties.

SECTION SIX. Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of 11 Iowa Admin. Code § 53.11 (3) prohibiting pay to those State of Iowa employees for hours worked in excess of 40 hours per workweek while present in the State’s Emergency Operations Center or otherwise engaged in assigned disaster response missions or other activities.

SECTION SEVEN. Pursuant to Iowa Code § 29C.6 (8) and (10), I continue to order all state agencies to utilize such personnel, equipment, and facilities as necessary to assist the Iowa Department of Public Health and the Iowa Department of Homeland Security and Emergency Management in performing any and all activities necessary to prevent, contain, and mitigate the effects of the COVID-19 virus.

SECTION EIGHT. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code §§ 135.61 through 135.73 requiring an institutional health facility to obtain a certificate of need prior to operating additional bed capacity. Suspension of these provisions is limited to the duration of this proclamation and is further limited to the provision of medical assistance and treatment of victims of this public health emergency.

SECTION NINE. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 147.137 and Iowa Admin. Code rule 653-13.11, rule 641-155.2, and other implementing administrative rules establishing preconditions, limitations, or restrictions on the provision of telehealth or telemedicine services, and I temporarily suspend the regulatory provisions of Iowa Admin. Code rules 641-155.21(19) and 155.23(4) and other administrative rules which require face-to-face interactions with health care providers and impose requirements for residential and outpatient substance use disorder treatment and for face-to-face visitations.

SECTION TEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 147.10 and Iowa Admin. Code rules 653-9.13(6) and 9.14, rules 655-3.7(5), rules 645-261.8, and rules 645-326.9(8), and all other implementing administrative rules which prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant, by a licensee whose license is inactive or lapsed. Suspension of these provisions is limited to licenses which have lapsed or expired within the five (5) years prior to this Proclamation and is further limited to the provision of medical and nursing care and treatment of victims of this public health disaster emergency and solely for the duration of this Proclamation.

SECTION ELEVEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 256.16(1)(a)(2)(d) and (m) and Iowa Admin. Code rules 281-77.10 (9), 281-79.14(5), and 281-79.14(7), to the extent that they require a minimum number of hours of field experience if the higher education institution providing practitioner preparation program determines that the student has completed sufficient field experience to determine that the student should be recommended for licensure.

SECTION TWELVE. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 321.196 prescribing that a driver’s license issued to a person age seventy-two or older expires after two years. Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume. This suspension shall not apply if the person is not eligible for a license due to the person’s license being suspended, revoked, denied or barred for any reason or if the person is physically or mentally incapable of operating a motor vehicle safely.

SECTION THIRTEEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 321.174A prescribing that a person shall not operate a motor vehicle on the highways of this state with an expired driver’s license as applied to a person whose driver’s license is expired. Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume.

SECTION FOURTEEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 321.39 prescribing expiration dates for vehicle registration, registration cards, and registration plates as applied to a person whose vehicle registration, registration card, or registration plate is expired. Suspension of this provision is limited to vehicle registration, registration cards, and registration plates which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation.

SECTION FIFTEEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 321.46 prescribing a transferee of a new motor vehicle shall apply for a new registration and certificate of title within 30 days of the purchase.

SECTION SIXTEEN. Pursuant to Iowa Code § 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code § 321.25 prescribing a vehicle may be operated upon the highways of this state without registration plates for a period of 45 days after the date of delivery of the vehicle to the purchaser from a dealer.

SECTION SEVENTEEN. Pursuant to Iowa Code §29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463 (6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 761-511, to the extent that those provisions restrict the movement of oversize and overweight loads of food, medical supplies, cleaning products, and other household goods, and require a permit to transport such loads.

A. Suspension of these provisions applies to loads transported on all highways within Iowa, excluding the interstate system, and those which do not exceed a maximum of 90,000 pounds gross weight, do not exceed the maximum axle weight limit determined under the non-primary highway maximum gross weight table in Iowa Code §321.463 (6) (b), by more than twelve and one-half percent (12.5%), do not exceed the legal maximum axle weight limit of 20,000 pounds, and comply with posted limits on roads and bridges.

B. This action is intended to allow vehicles transporting food, medical supplies, cleaning products, and other household goods to be oversize and overweight, not exceeding 90,000 pounds gross weight, without a permit, but only for the duration of this proclamation.

C. The Iowa Department of Transportation is hereby directed to monitor the operation of this proclamation to assure the public’s safety and facilitate the movement of trucks involved in transporting food and other household goods.

SECTION EIGHTEEN. Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 455C.3 (1) and Iowa Admin. Code chapter 567-107, to the extent that those provisions require a dealer to accept an empty beverage container on which an Iowa deposit was made. This action is intended to allow retailers who engage in the sale of liquor, beer, wine, carbonated beverages, and other beverages on which an Iowa beverage container deposit is made to stop accepting empty beverage containers for the duration of this disaster emergency.

SECTION NINETEEN. Pursuant to Iowa Code § 29C.6 (6) and 49 CFR § 390.23, I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting vaccines, antivirals, prescription drugs, protective equipment, and other necessary medical assets, subject to the following condition:

A. Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements set out in 49 CFR Part 382, the commercial drivers’ license requirements set out in 49 CFR Part 383, the financial responsibility requirements set out in 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this Proclamation.

B. No motor carrier operating under the terms of this agreement shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off duty before the driver is required to return to service.

C. Upon the request of a driver, a commercial motor carrier operating under this proclamation must give the driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight (8) consecutive days.

D. Motor carriers that have an out-of-service order in effect may not take advantage of the relief from regulations that this proclamation provides under title 49 CFR § 390.23.

E. Upon the expiration of this Proclamation, or when a driver has been relieved of all duty and responsibility to transport necessary medical assets under the conditions of this Proclamation, a driver who has had at least thirty-four (34) consecutive hours off duty shall be permitted to start the driver’s on-duty status hours with the 60/70 hour clock at zero.

F. This portion of this Proclamation of Disaster Emergency applies only to hours of service of motor carriers and drivers of commercial motor vehicles while actively transporting medical assets related to the COVID-19 event.

SECTION TWENTY. Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Chapter 8A, Iowa Code § 313.10, 11 Iowa Admin. Code Chapters 117 and 118, and 641 Iowa Admin. Code Chapter 176, requiring the Iowa Department of Public Health, the Iowa Department of Homeland Security and Emergency Management, and other state agencies involved in the response to this disaster emergency to procure goods and services through a competitive selection process. Suspension of these provisions is limited to the duration of this proclamation and is further limited to procurements which are necessary to prevent, contain, or mitigate the effects of the COVID-19 virus.

SECTION TWENTY-ONE. The Iowa Department of Public Safety, the Iowa Department of Public Health, the Iowa Department of Education, the Iowa Department of Homeland Security and Emergency Management, the Iowa Department of Transportation and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public’s health and safety.

SECTION TWENTY-TWO. Nothing contained in this declaration shall be construed as an exemption from any other portion of the Iowa Code or Iowa Administrative Code not specifically identified in this proclamation.

SECTION TWENTY-THREE. This state of disaster emergency shall be effective immediately on March 16, 2020 shall continue for thirty (30) days, and shall expire on April 16, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me. Iowa Code § 29C.6 (1).

+ + + + +

April 6, 2020

DES MOINES – Today, Gov. Reynolds signed a new proclamation continuing the State Public Health Emergency Declaration, ordering additional closures and relaxing additional regulations to support the state’s efforts to combat COVID-19. The proclamation also calls on law enforcement to assist in the enforcement of these mitigation efforts. Gov. Reynolds discussed the new proclamation at her 11:00 a.m. press conference. View that press conference on her Facebook page here.

To encourage further social distancing and mitigation efforts, the proclamation orders additional closures effective at 8:00 a.m. on Tuesday, April 7th until Thursday, April 30th:

Malls
Tobacco or vaping stores
Toy, gaming, music, instrument, movie, or adult entertainment stores
Social and fraternal clubs, including those at golf courses
Bingo halls, bowling alleys, pool halls, arcades, and amusement parks
Museums, libraries, aquariums, and zoos
Race tracks and speedway.
Roller or ice skating rinks and skate parks
Outdoor or indoor playgrounds or children’s play centers
Campgrounds
In addition, all unsolicited door-to-door sales are prohibited.

The following establishments and behaviors that are already prohibited:

Mass gatherings as outlined in the proclamation below
Restaurants and bars limited to carry out.
Fitness centers
Swimming pools
Salons: All salons, including all establishments providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code § 157.1, shall continue to be closed.
Medical spas
Barbershops
Tattoo establishments
Tanning facilities
Massage therapy establishments
Theaters: All theaters or other performance venues at which live performances or motion pictures are shown shall continue to be closed.
Casinos and gaming facilities:
Other nonessential retail establishments outlined in the proclamation: Bookstores; clothing stores; shoe stores; jewelry stores; luggage stores; cosmetic, beauty, or perfume stores; florists; and furniture and home furnishing stores shall continue to be closed. These establishments may still serve the public through online or telephone sales, delivery, or curb-side pick-up. This closure order does not affect other retail establishments, such as discount stores, grocery stores, or pharmacies that sell these goods in addition to other essential food, medical supplies, and household goods.
Senior citizen centers and adult daycare facilities: All facilities that conduct adult day services or other senior citizen centers are hereby closed.
Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers
Livestock auctions of food animals with more than 25 people and all other auctions with more than 10 people are prohibited.
The full text of the proclamation can be read below and viewed online:

WHEREAS, the World Health Organization has reported an outbreak of thousands of cases of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency; and

WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to coordinate the State of Iowa’s response to this outbreak and such disaster continues to exist; and

WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a global pandemic; and

WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-19 outbreak in the United States constitutes a national emergency; and

WHEREAS, on March 17, 2020, a Proclamation of Public Health Disaster Emergency was issued to provide additional needed resources and measures to respond to this disaster, was extended on April 2, 2020, and such public health disaster continues to exist; and

WHEREAS, the risk of transmission of COVID-19 may be substantially reduced by temporarily closing certain additional public establishments, continuing the previous closures, and continuing to prohibit mass gatherings; and

WHEREAS, strict compliance with the provisions of Iowa Code § 123.30(3)(c) regarding sale of unopened containers of alcoholic beverages to patrons for consumption off premises by class “C” liquor control licensees would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state; and

WHEREAS, strict compliance with the regulatory provisions of Iowa Code § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state; and

WHEREAS, strict compliance with the provisions of Iowa Code §§ 123.30(3)(c) and 123.49(2)(d), prohibiting a class “C” liquor control license holder from selling mixed drinks or cocktails for consumption off premises, would prevent, hinder, or delay necessary action in coping with this disaster in all counties of our state.

NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do hereby ORDER and DIRECT the following:

ADDITIONAL ESTABLISHMENT CLOSURES AND ORDERS

SECTION ONE. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order the following additional closures and orders beginning at 8:00 a.m. on April 7, 2020, and continuing until 11:59 p.m. on April 30, 2020:

A. Malls: All enclosed malls shall be closed, including interior common areas and any retail establishment that only accessible to the public from the interior common areas. A retail establishment that may be directly accessed from outside the mall is not required to close by this paragraph.

B. Tobacco or vaping stores: All tobacco, cigarette, cigar, or vaping stores shall be closed.

C. Toy, gaming, music, instrument, movie, or adult entertainment stores: All toy, gaming, music, instrument, movie, or adult entertainment stores shall be closed.

D. Social and fraternal clubs: All social and fraternal clubs, including but not limited to American Legion or VFW posts, Elks Clubs, country clubs, and golf course clubhouses shall be closed, except that food and beverages may be sold if such food or beverages are promptly taken from the premises and a golf course clubhouse may also be open to the minimal extent necessary to facilitate use of the golf course provided appropriate social distancing practices are implemented.

E. Amusements: All bingo halls, bowling alleys, pool halls, arcades, and amusement parks shall be closed.

F. Museums, libraries, aquariums, and zoos: All museums, libraries, aquariums, and zoos shall be closed.

G. Race tracks: All race tracks and speedways shall be closed and shall not host any races, events, or other gatherings.

H. Skating rinks and parks: All indoor or outdoor roller or ice skating rinks and skate parks shall be closed.

I. Playgrounds: All outdoor or indoor playgrounds or children’s play centers shall be closed. This order does not apply to playgrounds in private residences or childcare facilities.

J. Campgrounds: All public and private campgrounds shall be closed to temporary recreational use. This order shall not prohibit the use of a campground by a long-term or permanent tenant who resides at the campground. All cabins and yurts in state parks shall also be closed to temporary residents.

K. Door-to-door sales: All unsolicited door-to-door sales and solicitations at all homes and residences is hereby prohibited.

CONTINUED BUSINESS CLOSURES

SECTION TWO. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby continue to extend the following orders until 11:59 p.m. on April 30, 2020:

A. Restaurants and bars: All restaurants and bars shall continue to be closed to the general public except that to the extent permitted by applicable law, and in accordance with any recommendations of the Iowa Department of Public Health, food and beverages may be sold if such food or beverages are promptly taken from the premises, such as on a carry-out or drive-through basis, or if the food or beverage is delivered to customers off the premises.

B. Fitness centers: All fitness centers, health clubs, health spas, gyms, aquatic centers shall continue to be closed.

C. Swimming pools: All swimming pools and spas, wading pools, water slides, wave pools, spray pads, and bath houses, as defined in Iowa Code § 135I.1, shall continue to be closed.

D. Salons: All salons, including all establishments providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code § 157.1, shall continue to be closed.

E. Medical spas: All medical spas, as defined in Iowa Admin Code § 653-13.8(1), shall continue to be closed.

F. Barbershops: All Barbershops, as defined Iowa Code § 158.1, shall continue to be closed.

G. Tattoo establishments: All Tattoo establishments, as regulated by Iowa Code § 135.37, shall continue to be closed.

H. Tanning facilities: All tanning facilities, as defined by Iowa Code § 136D.2(5) shall continue to be closed.

I. Massage therapy establishments: All establishments where an individual is practicing massage therapy as defined by Iowa Code § 152C.1(3) shall continue to be closed.

J. Theaters: All theaters or other performance venues at which live performances or motion pictures are shown shall continue to be closed.

K. Casinos and gaming facilities: All casinos and other facilities conducting pari-mutuel wagering or gaming operations shall continue to be closed.

L. Other nonessential retail establishments: Bookstores; clothing stores; shoe stores; jewelry stores; luggage stores; cosmetic, beauty, or perfume stores; florists; and furniture and home furnishing stores shall continue to be closed. These establishments may still serve the public through online or telephone sales, delivery, or curb-side pick-up. This closure order does not affect other retail establishments, such as discount stores, grocery stores, or pharmacies that sell these goods in addition to other essential food, medical supplies, and household goods.

M. Senior citizen centers and adult daycare facilities: All facilities that conduct adult day services or other senior citizen centers are hereby closed.

SECTION THREE. I continue to direct all state agencies to coordinate expeditiously in developing plans to mitigate the economic effects of the closings necessitated by this disaster, including potential financial support, regulatory relief, and other executive actions.

MASS GATHERINGS

SECTION FOUR. Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers until 11:59 p.m. on April 30, 2020.

A. A gathering of people inside parked cars, trucks, or other enclosed motor vehicles shall not constitute a gathering of more than 10 people if no more than 10 people are inside each vehicle, all people remain inside the vehicle at all times, and the vehicle remains enclosed with all windows, sunroofs, and convertible tops closed.

B. Planned large gatherings and e*vents must be canceled or postponed until after termination of this disaster.

SECTION FIVE. All auctions with more than 10 people present in person are hereby prohibited until 11:59 p.m. on April 30, 2020, at all locations and venues, except for livestock auctions that only include food animals, which may continue to operate so long as there are no more than 25 people present in person. People who remain inside parked cars, trucks, or other enclosed motor vehicles shall not be counted in considering the number of people present, provided all people remain inside the vehicle at all times, and the vehicle remains enclosed with all windows, sunroofs, and convertible tops closed.

ENFORCEMENT BY PEACE OFFICERS

SECTION SIX. In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation.

SALES OF ALCOHOL EXTENSIONS

SECTION SEVEN. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.30(3)(c) prohibiting a holder of a class “C” liquor control license from selling unopened bottles of wine or alcoholic liquor for consumption off premises. Class “C” licensees may continue to sell beer for consumption off premises. Beverages may be sold if promptly taken from the premises, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Suspension of this provision will now continue until 11:59 p.m. on April 30, 2020.

SECTION EIGHT. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code § 123.130(4) and Iowa Administrative Code 185-4.6(3)(c) & (e) requiring that beer sold at retail at the manufacturing premises for consumption off the premises must be in-person and transferred to another container at the time of sale. Suspension of this provision will now continue until 11:59 p.m. on April 30, 2020.

SECTION NINE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 123.30(3)(c) and 123.49(2)(d), to the extent a class “C” liquor control license holder is prohibited from selling mixed drinks or cocktails for consumption off premises. Mixed drinks or cocktails may be sold if sealed with a lid or other method of securing the product and promptly taken from the premises prior to any consumption, such as on a carry-out or drive-through basis, or if the beverage is delivered to customers off the premises. Nothing in this provision alters or modifies the provisions of Iowa Code §§ 321.284 or 321.284A related to open containers in motor vehicles. Suspension of this provision is effective immediately and will continue until 11:59 p.m. on April 30, 2020.

IMPLEMENTATION AND INTERPRETATION

SECTION TEN. The Iowa Department of Public Safety, Iowa Department of Public Health, Iowa Department of Education, Iowa Department of Homeland Security and Emergency Management, Iowa Department of Transportation, and other participating state agencies are hereby directed to monitor the operation and implementation of this proclamation to assure the public’s health and safety.

SECTION ELEVEN. Nothing contained in this declaration shall be construed as an exemption from any other portion of the Iowa Code or Iowa Administrative Code not specifically identified in this proclamation.

SECTION TWELVE. The provisions of this proclamation shall be effective immediately, unless otherwise noted. This state of public health disaster emergency shall now expire on April 30, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.

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Author

  • Kathleen Sheridan

    Kathleen holds a B.A. in Political Science and M.B.A. in general management and has nearly 40 years of professional experience. She spent the last 20 years in HR with her final position leading domestic and international recruiting for Harvard Business Publishing.

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