ANDERSON TOWNSHIP, Ohio — A federal judge shot down a request by the Forest Hills School District to dismiss a discrimination lawsuit Thursday, citing an aspect of the district's argument "defies logic and the basic conventions of the English language."
The lawsuit was filed by several FHSD parents in June 2022 against the district, board of education members and then newly-hired superintendent just days after the school board passed its Resolution to Create a Culture of Kindness and Equal Opportunity for All Students and Staff.
"A lot of it really has to do with making a lot of families feel very uncomfortable," said Jessica Cunningham, a mom of two FHSD students. "A lot of students have come out and said, 'Basically (the district is) saying that (they) don't like me. We are not accepted.' We've had kids ask their parents, you know, 'Why do they hate me?"
The resolution, which passed by a 3-2 vote, bans assignments where students would have to consider their race, socioeconomic class, religion, gender identity or sexuality. It also states schools cannot force individuals to admit privilege or oppression.
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The resolution sparked protests from both parents and students, led one superintendent candidate to withdraw his application and fueled heated debate and arguments in several school board meetings last year.
"The resolution is a content-based restriction which prohibits curriculum, education and training on, among other things, 'anti-racism,' 'identity,' 'Critical Race Theory,' and 'intersectionality,' not only severely restricting but outright prohibiting discussion on such subjects in the school district's schools without any legitimate pedagogical purpose, but instead to further certain board members' partisan political agendas, using language that is simultaneously extraordinarily broad and vague," the suit reads.
In their efforts to drop the case, district leaders contested the resolution is a "vision statement" or "statement of belief" and not an enforceable policy.
"The remaining Defendants also repeatedly return to their position that '[t]he Resolution is not the same as a policy based on the Board’s bylaws,'" the judge's cited the district leaders as arguing.
Judge Michael Barrett said he felt differently, that based on the writing of the resolution, the district couldn't claim it wasn't intended to be enforced.
"It defies logic and the basic conventions of the English language to argue that the Resolution was "only a statement of belief and not a change to existing school policies, when the Resolution itself uses mandatory language to declare what FHSD 'will not utilize,' and lists a number of actions that schools and teachers 'may not' or 'shall not' take,"" Barrett wrote. "Even more so when taken in the context of FHSD’s own policy manual — which explicitly defines 'shall' as a word that 'is used when an action by the Board or its designee is required' — and the so-called 'Controversial Issues' policy, — which could serve as an enforcement mechanism and provides that '[d]ecisions about course content shall be based upon the goals, policies, and administrative regulations of the school district.'"
No members of the district would speak directly with WCPO about the judge's ruling, but a spokesperson did share a statement from the board.
The Forest Hills School District Board of Education is disappointed in the court’s decision to decline the Board’s Motion to Dismiss the lawsuit related to the “Resolution to Create a Culture of Kindness and Equal Opportunity for All Students and Staff.” The Board filed the Motion to Dismiss based on serious and legitimate concerns with the Plaintiffs’ standing to proceed with the litigation. The Board also strongly believes that the Plaintiffs have not provided sufficient evidence to demonstrate any harm caused due to the Board’s resolution.
The court’s decision to deny the Motion to Dismiss now requires the Board to proceed with the litigation. The Board intends to defend the Resolution vigorously and looks forward to the opportunity to present its case to the court. Forest Hills School District and the Board of Education remain committed to fulfilling their shared mission and vision to enable students to achieve success every day by providing an education that is focused on student learning and achievement.
"Honestly, I got chills," Cunningham said about reading Barrett's decision. "For a long time to be talking about this and then not hearing back from the school board or even hearing what we're hearing from the school district and then to have a federal judge call it, you know, defying logic and reason, it was a very emotional moment. Our fears are being legitimized and it should be a huge wake-up call for our community."
Natalie Hastings is one of the parents listed in the lawsuit. She said she and the other parents aren't aiming to make a political statement.
"This is about basic First Amendment Rights and Human Rights," she said. "This isn't just something we're doing as a publicity stunt or something we're doing to garner anything other than trying to keep it to letting teachers teach and kids be free to be themselves and that's it."
With Barrett's decision, another judge will hear the lawsuit at a later date. Nicole Lundrigan, one of the attorneys representing the parents named in the lawsuit said she's optimistic for a favorable conclusion.
"We are pleased with the Court’s decision, and we think the language used by Judge Barrett in the decision speaks for itself," Lundrigan said in a statement. "It confirms the harm suffered by our clients and the rest of our school community as a result of this Resolution is significant. We look forward to the Court addressing the merits of the constitutionality of the Resolution."
