TOLEDO, Ohio — Lawyers for the Ohio Christian Education Network have filed a lawsuit Monday against the Toledo-Lucas County Health Department coronavirus health order, calling it unconstitutional.
The Ohio Christian Education Network is a network of private religious institutions facilitated by Citizens for Community Values with "member schools" in the community.
Monclova Christian Academy, St. John's Jesuit High School and Academy, and Emmanuel Christian School are cited in the lawsuit as plaintiffs.
Before filing the lawsuit in federal court, in the Northern District of Ohio, the group had previously urged Lucas County Health Commissioner Eric Zgodzinski to rescind the order.
In the lawsuit, the plaintiffs argue that for many parents, teachers, and private school administrators, providing faith-based instruction is an act of worship and therefore, the order unconstitutional because they believe it violates their First Amendment right of freedom of religion.
The plaintiffs recognized the order is well-intentioned and aimed at preventing the spread of coronavirus, but added:
"The Resolution is misguided and violates the federal constitution by burdening religious institutions yet failing to prohibit other gatherings that pose more sinister health risks to community spread. Publically and privately, TLCHD has suggested they are without authority to regulate beyond the schools yet the very statute they rely on for regulating schools (...)"
FULL LAWSUIT FILING:
The order in question mandated that all Lucas County schools, including public, private, charter, and parochial institutions, close all school buildings from Dec. 4 to Jan. 11, with a few exceptions.
"Due to anticipated issues with students in grades K-6 (unless the school configuration is grades K-8 who can follow K-6 orders), schools may remain open but may only open those facilities required to provide in-person education for students in those grades," the order read.
Additionally, the order allowed schools to open to hold religious and educational classes as well as religious ceremonies. However, it made clear that education for grades 7 through 12 ought to go virtual in that period of time.
The order also suspended all sports and extracurricular activities happening on school property during that period.
In a meeting held Tuesday with the goal to discuss the order, the Toledo-Lucas County Health Department Board of Health went into executive session, away from the public, for nearly an hour.
Once members of the board came back from the executive session, they told the public no action was taken after discussion with their lawyer. Health department officials said they had no further comments and were waiting for a court case and pending litigation.
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