Lucas County Pays $137,000 in Attorney Fees for COVID-19 School Closures

COLUMBUS–The Toledo-Lucas County Board of Health was ordered by a federal court to pay $137,880.50 to Center for Christian Virtue (CCV) and the Ohio Christian Education Network (OCEN) to cover the full cost of their attorneys following a recent First Amendment lawsuit in which they prevailed.

The Constitutional challenge was filed in 2020 after the Board of Health issued an order closing Christian schools for in-person instruction across Lucas County. While the Board of Health argued that Christian schools needed to be shut down to slow the spread of COVID-19, they allowed other businesses and organizations to remain open to the public.

CCV/OCEN filed the lawsuit on behalf of its member schools, including Monclova Christian Academy, St John’s Jesuit, and Emmanuel Christian School. But the lawsuit was also about the many students and families who felt powerless under the bureaucratic weight of government actors in Lucas County and across Ohio—parents with little recourse to prevent their children’s education from being profoundly disrupted.

In this case, the Board of Health ordered that all schools close for six weeks to “slow the spread,” while leaving casinos, tanning salons, gyms, concert halls, and other organizations open for business. At the time the school closure order was announced by the Board of Health, the only schools that remained open for in-person education were, by and large, Christian schools across Lucas County as public schools had long before transitioned to virtual instruction. During the suit, CCV/OCEN lawyers made certain to point out that not only had Christian schools been operating safely for months without incident, but they (unsurprisingly) displayed a track record for conscientious compliance with safety protocols.

“This victory sends a message to every government bureaucrat that the First Amendment does not take a hiatus, even in times of crisis,” said Aaron Baer, President of Center for Christian Virtue. “You cannot make Christians, or any people of faith, second-class citizens. If you try to, the Constitution still stands strong to protect our free exercise of faith.”

OCEN and the member schools were represented by attorneys Brian Fox of Roetzel & Andress, and Michael Roberts of Bricker Graydon. After the Northern District of Ohio initially ruled against OCEN and the member Christian schools, OCEN’s attorneys appealed to the Sixth Circuit Court of Appeals and achieved a landmark victory.

“It was nothing short of courageous for OCEN, Monclova Christian Academy, St John’s Jesuit, and Emmanuel Christian School to file this lawsuit and see it through to the end. While constitutional litigation is often controversial, my clients were under tremendous public scrutiny and targeted with unfair accusations again and again—‘They don’t believe in modern science/medicine,’ ‘They don’t care if people die,’ ‘They don’t care about kids,’ et cetera,” Fox said. “Despite that, they stuck to their convictions and battled forward to a landmark victory that reopened Christian schools to in-person instruction across Lucas County and–more broadly–they changed the legal landscape for all Ohioans. This case has even developed a life beyond our litigation as it’s been cited as precedent in similar First Amendment cases across the country (and was even footnoted by Justice Clarence Thomas in one of his dissents). I feel honored to have helped defend the First Amendment alongside such courageous individuals and organizations.”          

“We’re only beginning to understand the devastating impact of COVID-19 school closures on kids, but throughout Ohio and America there were Christian schools stepping up and innovating to find ways to help serve children and families. Despite media attacks and criticisms from government bureaucrats, the OCEN member schools in Lucas County stood strong on the First Amendment freedoms, and their care and concern for children ultimately won the day,” said Baer.

CORRECTION: The quote from Brian Fox was misattributed to Michael Roberts in the initial release.

Center for Christian Virtue seeks the good of our neighbors by advocating for public policy that reflects the truth of the Gospel. For more information, visit CCV.org

The Ohio Christian Education Network is a network of more than 170 Catholic and Evangelical schools in Ohio, under Center for Christian Virtue. OCEN protects the religious liberty of Christian schools and ensures every Ohio family has access to a Gospel-centered education. For more information, visit OhioCEN.org.