Judge dismisses most claims in federal lawsuit filed by Black Texas student punished over hairstyle

HOUSTON (AP) — A federal choose on Tuesday dismissed many of the claims in a lawsuit filed by a Black highschool scholar who alleged that college officers dedicated racial and gender discrimination after they punished him for refusing to alter his coiffure.

The ruling was one other victory within the case for the Barbers Hill college district close to Houston, which has mentioned its coverage proscribing hair size for male college students instills self-discipline whereas educating grooming and respect for authority.

However in his order, U.S. District Choose Jeffrey Brown questioned whether or not the college district’s rule causes extra hurt than good.

“Not all the things that’s undesirable, annoying, and even dangerous quantities to a violation of the legislation, a lot much less a constitutional downside,” Brown wrote.

The Related Press left telephone and electronic mail messages looking for remark with the college district and George’s legal professional, Allie Booker, on Tuesday.

George, 18, was saved out of his common highschool lessons for many of the 2023-24 college yr, when he was a junior, as a result of the college district mentioned his hair size violated its gown code. George both served in-school suspension at Barbers Hill Excessive College in Mont Belvieu or frolicked at an off-site disciplinary program.

The district has argued that George’s lengthy hair, which he wears to high school in tied and twisted locs on prime of his head, violates its coverage as a result of it will fall beneath his shirt collar, eyebrows or earlobes if let down. The district has mentioned different college students with locs adjust to the size coverage.

George and his mom, Darresha George, filed a federal civil rights lawsuit final yr towards the college district, the district superintendent, his principal and assistant principal in addition to Texas Gov. Greg Abbott and Lawyer Normal Ken Paxton.

The swimsuit additionally alleged that George’s punishment violates the CROWN Act, a brand new state legislation prohibiting race-based hair discrimination. The CROWN Act, which was being mentioned earlier than the dispute over George’s hair and which took impact in September, bars employers and colleges from penalizing folks due to hair texture or protecting hairstyles together with Afros, braids, locs, twists or Bantu knots.

The lawsuit alleged the college district’s coverage was being enforced primarily on Black college students. However Brown mentioned George had not proven “a persistent, widespread observe of disparate, race-based enforcement of the coverage.”

The lawsuit additionally alleged that George’s First Modification rights to free speech have been being violated. However Brown wrote that George’s lawyer couldn’t cite any case legislation holding that hair size “is protected as expressive conduct below the First Modification.”

Brown dismissed numerous claims that George’s due course of rights below the 14th Modification have been being violated. He additionally dropped Abbott, Paxton, the district superintendent and different college staff from the case.

The one declare he let stand was an allegation of intercourse discrimination based mostly on the college district’s lack of clearly outlined insurance policies on why ladies could possibly be allowed to have lengthy hair however boys couldn’t.

“As a result of the district doesn’t present any purpose for the sex-based distinctions in its gown code, the declare survives this preliminary stage,” Brown mentioned.

Brown’s order comes after a state choose in February dominated in a lawsuit filed by the college district that its punishment doesn’t violate the CROWN Act.

On the finish of his ruling, Brown highlighted a 1970 case wherein a choose dominated towards a faculty district in El Paso, Texas, that had tried to stop a male scholar from enrolling as a result of his hair size violated district coverage. The El Paso choose’s ruling was later overturned by an appeals court docket.

The choose within the El Paso case had written that “the presence and enforcement of the hair-cut rule causes way more disruption of the classroom educational course of than the hair it seeks to ban.”

“Regrettably, so too right here,” Brown mentioned in reference to George’s case.

Barbers Hill’s hair coverage was additionally challenged in a Could 2020 federal lawsuit filed by two different college students. Each withdrew from the highschool, however one returned after a federal choose granted a brief injunction, saying there was “a considerable probability” that his rights to free speech and to be free from racial discrimination could be violated if he was barred. That lawsuit remains to be pending.

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