US appeals court blocks Lucas County health order that would keep religious schools closed amid pandemic

TOLEDO, Ohio — The U.S. 6th Circuit Court of Appeals issued an order Thursday blocking the Toledo-Lucas County Health Department from enforcing its public health order which shuttered in-person learning for students in 7-12 grades as it applies to several religious schools that had sued the health department.

On Dec. 7, lawyers for the Ohio Christian Education Network filed suit against the health department. The group had previously urged Lucas County Health Commissioner Eric Zgodzinski to rescind the order, calling it unconstitutional. 

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

A week after the suit was filed, the district court denied OCEN's motion for a temporary restraining order. Then, on Dec. 16, the district court denied their motion for a preliminary injunction, leading them to appeal with support from Ohio Attorney General Dave Yost as amicus curiae.

RELATED: Judge rejects request by Lucas Co. private schools to remain open, conduct sports amid pandemic

The court of appeals found that because secular businesses with a similar risk of spread were allowed to stay open, while plaintiff schools Monclova Christian Academy, St. John's Jesuit High School and Academy and Emmanuel Christian School were forced to close, the schools were being denied their First Amendment rights.

"In Lucas County, the plaintiffs’ schools are closed, while gyms,  tanning salons, office buildings, and the Hollywood Casino remain open. [The legal precedent] Cuomo makes clear that those secular facilities are 'comparable' for purposes of spreading COVID-19," the document read.

The court also found that the restrictions "impose greater burdens on the plaintiffs’ conduct than on secular conduct."

Citizens for Community Values President Aaron Baer called "victory" on social media following the court's decision, saying: 

“The First Amendment does not take a holiday break. It was clear from the outset that the Lucas County Health Board’s order closing schools violated the Constitution. It is indefensible and irrational to block children from accessing in-person instruction while allowing casinos, gyms, liquor stores, and other public places to remain open."

You can read the full court order here:

We will continue to keep you updated.