TOLEDO, Ohio — (THE JUDGE'S OPINION APPEARS IN FULL AT THE BOTTOM OF THIS ARTICLE - MOBILE USERS, TAP TO EXPAND THE TINY TYPE)
U.S. District Court Judge Jeffrey Helmick decided against a request by three Lucas County private schools to remain open and have sports amid the COVID-19 pandemic.
In an opinion filed Monday, Helmick denied a request for a temporary restraining order against the health orders issued by the Toledo-Lucas County Health Department to halt in-person learning, sports and other extracurricular activities. Lawyers from St. John's Jesuit, Monclova Christian and Emmanuel Christian filed the lawsuit, saying the health order violates their religious freedoms.
In issuing the denial, Helmick said the lawyers would be unlikely to succeed at a full hearing. The judge also said that terms of the order by the health department apply as equally to both private and public schools in the county.
"While Plaintiffs’ frustration with the school-closure order no doubt is genuine, the terms of the TLCHD Resolution apply as equally to Plaintiffs as they do to public schools in Lucas County which also continued to offer in-person instruction until the TLCHD Resolution compelled those schools to switch to a virtual learning model as well," the decision read.
"I conclude Plaintiffs are unlikely to succeed on their claims and that the 'unlikelihood of success on the merits is determinative' of Plaintiffs’ motion for a temporary restraining order."
The sides next must submit a joint status report by Wednesday to Helmick via email regarding the next steps concerning the plaintiffs’ motion for a preliminary injunction, including a proposed timeline for any pre-hearing briefing.