Judge dismisses most claims in lawsuit alleging hair discrimination at Houston high school

HOUSTON (AP) — A federal judge on Tuesday dismissed most of the claims in a lawsuit filed by a black high school student who alleged that school officials committed racial and gender discrimination when they punished him for refusing to change his hairstyle .

The ruling was another victory for the Barbers Hill school district near Houston, which said its policy of restricting hair length for male students instills discipline while teaching grooming and respect for authority.

But in his order, U.S. District Judge Jeffrey Brown questioned whether the school district’s rule is causing more harm than good.

“Not everything that is undesirable, annoying, or even harmful is a violation of the law, much less a constitutional problem,” Brown wrote.

The Associated Press left phone and email messages Tuesday seeking comment with the school district and George’s attorney, Allie Booker.

George, 18, was kept out of regular high school classes for most of the 2023-24 school year as a junior because the school district said the length of his hair violated the dress code. George was either suspended in school at Barbers Hill High School in Mont Belvieu or spent time in an out-of-school disciplinary program.

The district argued that George’s long hair, which he wears to school tied and twisted on top of his head, violates its policy because it would fall below his shirt collar, eyebrows or earlobes if left down. The district said other students with placements follow the length policy.

George and his mother, Darresha George, filed a federal civil rights lawsuit last year against the school district, the district superintendent, the principal and his assistant, as well as Texas Gov. Greg Abbott and Attorney General Ken Paxton.

The lawsuit also claimed that George’s sentence violates the CROWN Act, a new state law that prohibits hair discrimination based on race. The CROWN Act, which was being debated before the dispute over George’s hair and came into effect in September, bans employers and schools from penalizing people because of hair texture or protective hairstyles, including afros, braids, places, twists or knots bantu

The lawsuit alleged that the school district’s policy was applied primarily to black students. But Brown said George did not show “a persistent and widespread practice of racially disparate application of the policy.”

The suit also alleged that George’s First Amendment free speech rights were violated. But Brown wrote that George’s attorney could cite no case law holding that hair length “is protected as expressive conduct under the First Amendment.”

Brown rejected various claims that George’s 14th Amendment rights were violated. He also dropped the case against Abbott, Paxton, the district’s superintendent and other school employees.

The only claim it left standing was a charge of sex discrimination based on the school district’s lack of clearly defined policies about why girls can be allowed to have long hair but boys can’t.

“Because the district provides no reason for the gender distinctions in its dress code, the claim survives this initial stage,” Brown said.

Brown’s order comes after a state judge in February ruled in a lawsuit filed by the school district that his punishment did not violate the CROWN Act.

At the end of his ruling, Brown highlighted a 1970 case in which a judge ruled against a school district in El Paso, Texas, that tried to prevent a male student from enrolling because the length of his hair violated district policy . The El Paso judge’s decision was later overturned by an appeals court.

The judge in the El Paso case wrote that “the presence and enforcement of the haircut rule causes far more disruption to classroom instruction than the hair it seeks to prohibit.”

“Unfortunately, the same here,” Brown said of George’s case.

Barbers Hill’s hair policy was also challenged in a May 2020 federal lawsuit filed by two other students. Both withdrew from the high school, but one returned after a federal judge granted a temporary injunction, saying there was “a substantial likelihood” that his rights to free speech and not be racially discriminated against would be violated if he is prohibited. The lawsuit is still pending.

Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

TOPICS
Lawsuits Lawsuits Education K-12