Judge Rejects Lawsuit Against Cobb Schools Over COVID Protocols

COBB COUNTY, GA — A federal judge rejected the Southern Poverty Law Center's request for an emergency order that would have required the Cobb County School District to follow Centers for Disease Control and Prevention guidelines for COVID-19, including a districtwide mask mandate.

U.S. District Judge Timothy Batten denied the request, saying the district "made an informed choice that is neither arbitrary nor unreasonable" and that parents were asking the courts to overrule the district's authority.

"[CCSD's] COVID[-19] policies apply to all students, regardless of ability. Additionally, plaintiffs — like all students in Cobb County — were given the option to attend virtual school in lieu of in-person classes," Batten wrote in his ruling. "Plaintiffs attempt to allege disparate treatment by a facially neutral policy that applied to disabled and non-disabled students alike, and their argument falls well short of the high bar required for injunctive relief."

The SPLC filed a lawsuit on behalf of four Cobb parents Oct. 1 against the school district, Superintendent Chris Ragsdale and all seven members of the CCSD school board, requesting a temporary restraining order and preliminary injunction. The parents have children in the district with health issues "who are at risk of severe illness and even death" if they contract COVID-19: myeloid leukemia, hypogammaglobulinemia, Duchenne muscular dystrophy, bronchiectasis, chronic bronchitis and chronic severe asthma.

In a letter to Ragsdale the school board, the law center maintains that because of the disabled students' condition, they are unable to attend school in person unless the district acts to "prevent and mitigate these risks." The letter also said that school officials are not adhering to guidelines established by the CDC for K-12 students, which suggests masks should be worn in school settings.

CCSD officials have kept a mask optional policy throughout the school year.

Claire Sherburne, a SPLC attorney, said the Cobb families' rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act are being violated. But Batten disagreed.

"While plaintiffs may prefer a mask mandate and other stricter policies, defendants are not required to provide plaintiffs with their preferred accommodation," Batten wrote. "So long as plaintiffs are offered meaningful access to education — and the court finds that they have been — defendants have adequately accommodated plaintiffs and their disabilities and thus, plaintiffs cannot show a substantial likelihood of success on the merits."

Sherburne said in a statement that while the SPLC and the parents are disappointed in the court's decision, it's not the end of the case.

“The case will move forward without the immediate relief we were seeking on behalf of students with medical vulnerabilities that make them extremely susceptible to COVID-19," Sherburne said in a news release. "The SPLC will not stop advocating for students and families in Cobb County schools to ensure they receive a high-quality education free from discrimination."

A copy of Batten's ruling is available here.

Read more: Cobb Schools Face Federal Lawsuit Over Lack Of COVID Protection