Post by Wayne Smith on Jan 6, 2021 13:34:11 GMT 10
Federal court sides with Ohio Christian schools suing to stop COVID-19 closures
A federal appellate court has sided with a group of faith-based schools in Ohio seeking to overturn a decision by their county’s health department mandating the closure of schools to mitigate the spread of coronavirus.
In a ruling published last Thursday, a three-judge panel on the U.S. 6th Circuit Court of Appeals granted a request filed by nine Christian schools’ for an injunction against a Toledo-Lucas County Health Department order. The injunction request was granted pending an appeal.
The health department's order requires that all schools that serve kids in grades seven through 12 cease in-person instruction for five weeks.
Lucas County Regional Health District Resolution No. 2020.11.189 ordered all public, private, charter and parochial schools for students in grades seven through 12 to close between Dec. 7 and Jan. 8.
The schools believe that the order violates their First Amendment rights because similar restrictions were not placed on comparable secular businesses. The panel of judges assigned to the case agreed with their assessment.
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“In Lucas County, the plaintiffs’ schools are closed, while gyms, tanning salons, office buildings, and the Hollywood Casino remain open,” the unsigned opinion stated.
“The Resolution’s restrictions therefore impose greater burdens on the plaintiffs’ conduct than on secular conduct.”
The appellate court’s ruling reversed a lower court ruling that found that the order did not violate the schools’ First Amendment rights.
As a result of the ruling, “The Toledo-Lucas County Health Department is enjoined, during the pendency of this appeal, from enforcing Resolution No. 2020.11.189 or otherwise prohibiting in-person attendance at the plaintiffs’ schools.”
The plaintiffs in the case are Monclova Christian Academy, St. John’s Jesuit High School and Academy, Emmanuel Christian School and six schools affiliated with the Ohio Christian Education Network. The network is managed by the conservative Christian advocacy group Citizens for Community Values.
In addition to maintaining that the health department’s order violated their First Amendment rights, the plaintiffs expressed concern about the impact that a prolonged pause of in-person learning would have on the mental and spiritual health of their students.
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First churches and now schools. Little wonder the country is going to hell in a handbasket.
