EerieAnna Good and Carol Beal
v.
Iowa Department of Human Services
Appellant
EerieAnna Good and Carol Beal
Appellee
Iowa Department of Human Services
Attorneys for the Appellant
Seth A. Horvath, F. Thomas Hecht, and Tina B. Solis
Rita Bettis Austen
John Knight
Attorney for the Appellee
Matthew K. Gillespie, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ. Gamble, S.J., takes no part. Opinion by Potterfield, J. (11 pages)
EerieAnna Good and Carol Beal appeal the district court ruling denying their application for attorney fees and costs incurred in their successful challenge of a regulation that prohibited Iowa Medicaid coverage of surgical procedures related to “sex reassignment” and “gender identity disorders.” They brought their request for fees under the Iowa Civil Rights Act and the Iowa Equal Access to Justice Act. Good and Beal maintain the district court erred in its interpretation of the statutes; they ask us to reverse the denial of their request and remand to the district court for the determination of the amount of reasonable attorney fees. OPINION HOLDS: The district court did not err in its determination that neither Iowa Code section 216.16(6) nor section 625.29(1) (2018) applies. Therefore, Good and Beal are not entitled to recover their attorney fees and costs. We affirm.