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UToledo law professor weighs in on lawsuit by Lucas County schools against health department

Three parochial schools are claiming the Toledo-Lucas County Health Department is singling out religious freedoms and activities.

TOLEDO, Ohio — We're learning more about the lawsuit filed against the Toledo-Lucas County Health Department by local schools.

This comes after parents, teachers and students have been vocal about emergency orders put in place to suspend in-person learning and sports.

WTOL spoke with a University of Toledo law professor, who weighs in on the case and what happens now that it has been filed.

"What do we do with religious liberties in times of a public health crisis?" said University of Toledo Law Professor Dr. Lee Strang.

That's the big question after a lawsuit was filed by three parochial schools on Dec. 7. 

RELATED: Schools file suit calling Lucas County health department to rescind coronavirus health order | See the filing in the story

Monclova Christian Academy, St. John's Jesuit and Emmanuel Christian Academy are all claiming the Toledo-Lucas County Health Department is singling out religious freedoms and activities while places like gyms and casinos remain open.

"You can have a pandemic that is of such a degree and of such severity that religious activities need to be, and can be, curtailed," Strang said. "But, what the plaintiffs are saying is that under our legal system, and I think this is right, before your curtain religious liberty you've got to have good reasons to do so."

In the countersuit, the health department claims it does have the authority to close all schools in Lucas County during a pandemic.

Strang says he expects a big focus of the argument to be about restricting faith-based practices during school.

"I think the biggest hurdle to the plaintiff's complaint is the argument that religious activity is being singled out, that religious schools are being singled out," he said. "Because as we mentioned, the order applies not just to religious schools but to schools that are non-religious including public schools of all sorts."

A representative with the health department says at this time, there is no update on the case. The schools had until today to respond.

Strang explains the court will hold a hearing and a judge will rule afterward.

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