Private schools have had enough of lockdown restrictions imposed by government officials. Some are fighting back in court.
On Oct. 16, Hermiston Christian School — a private, religious K-12 school in Oregon — filed a lawsuit in federal court against Democratic Gov. Kate Brown because the school has been unable to open due to her orders. In strict lockdown orders issued in March, Brown threatened non-essential businesses with a Class C misdemeanor if they failed to comply. Such a crime could incur a punishment of up to 30 days in jail and or a fine up to $1,250.
Hermiston sued, with the help of attorneys at Alliance Defending Freedom, and not just because of the excessive threat (jail time for opening a small school in a pandemic is extreme even for the most authoritarian among us). They sued because Brown has vacillated between reopening schools and keeping them closed, and she appears to be treating public and private schools differently, a sure sign of discrimination.
Over the early summer, Hermiston believed it could open its small school of 51 students, as Brown had lifted some restrictions. Unfortunately, on July 29, Brown again ordered private schools in Umatilla County and the surrounding areas to remain closed. Yet, she exempted public schools with 75 or fewer students from this same requirement.
The discrimination appears even more blatant when considering that while Hermiston was allowed to reopen in September as a daycare facility following approval by the Oregon Department of Education, officials at the Umatilla County Public Health Department still refused to let the school provide in-person instruction.
“While responding to crises can be difficult, this case is not. There is no legitimate reason for allowing public schools with 75 or fewer students to provide in-person instruction while denying the same opportunity to small private schools, including religious ones,” ADF Senior Counsel Ryan Tucker said in a statement. “Gov. Brown’s refusal to extend the same treatment to Hermiston Christian School as she does to small public schools violates the U.S. Constitution and discriminates against parents who choose to provide a religious education for their children.”
Unfortunately, Hermiston’s isn’t the only case like this. In Michigan, Libertas, another small, K-12 Christian school, has filed a lawsuit against Democratic Gov. Gretchen Whitmer for similar reasons. According to the press release, “[T]he Whitmer Administration has made repeated, unreasonable demands on the school since September 4, including that kindergartners always wear masks while in school, including during chapel and outdoor recess. There has also been a pattern of threats of civil and criminal penalties delivered by officials.”
Ian Northon is special counsel for The Amistad Project of The Thomas More Society, which is representing Libertas Christian School. In a statement, Northon said, “This violates the First Amendment rights of assembly and religion for the school’s 265 students, as well as parents and staff. It is a shocking and audacious abuse of power, which started on the first day of school on September 4, and has continued despite the unanimous ruling by the Michigan Supreme Court declaring Governor Whitmer’s related Executive Orders unlawful.” Northon continued, “The County’s animus toward religion in this case is clear and compelling.”
At the beginning of the pandemic, some of the strict regulations put on businesses, schools, and even churches made sense. No one knew what was to come or how best to combat the virus, let alone balance civil liberties with health regulations. But that was several months ago. Now, we are better at managing the virus, and we have been wearing masks and social distancing. Life must resume.
For state and local politicians to continue to mandate inconsistent and arbitrary closures and restrictions, complete with threats of fines or jail time, is excessive, unethical, and in some cases, unconstitutional. If anything, these lawsuits have revealed the sinister, anti-religious bigotry many on the Right have warned about for years. All it took was a pandemic for this kind of discrimination to come out and stay out.
Nicole Russell (@russell_nm) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist who previously worked in Republican politics in Minnesota.
