Injunction to keep School OPEN!

Monclova Christian Acad. v. Toledo - Lucas Cnty. Health Dep't, No. 20-4300 (6th Cir. Dec. 31, 2020)
https://casetext.com/case/monclova-christian-acad-v-toledo-lucas-cnty-health-dept-1

On November 25, 2020, the defendant in this case, the Toledo-Lucas County Health Department, issued a resolution closing every school in the county—public, private, and more to the point here, parochial—for grades 7-12, effective December 4. The shutdown's purpose was to slow the spread of COVID-19. Yet—in the same county—gyms, tanning salons, office buildings, and a large casino have remained open. The plaintiffs here are nine Christian schools (three suing in their own names, another six as part of a coalition) who argue that the closure of their schools, when measured against the more favorable treatment afforded these secular actors, amounts to a prohibition of religious exercise in violation of the First Amendment. The district court denied the plaintiffs' motion to enjoin the resolution as applied to their schools, reasoning that it was a neutral law of general application, as defined by the Supreme Court's precedents. We respectfully disagree with that determination and grant the plaintiffs' motion for an injunction pending appeal.

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