MONCLOVA CHRISTIAN ACAD. v. TOLEDO-LUCAS COUNTY

No. 20-4300.

984 F.3d 477 (2020)

MONCLOVA CHRISTIAN ACADEMY; St. John's Jesuit High School & Academy; Emmanuel Christian School; Citizens for Community Values dba Ohio Christian Education Network, Plaintiffs-Appellants, v. TOLEDO-LUCAS COUNTY HEALTH DEPARTMENT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied January 6, 2021.


Attorney(s) appearing for the Case

ON MOTION AND REPLY: Michael A. Roberts , Brian W. Fox , GRAYDON HEAD & RITCHEY LLP, Cincinnati, Ohio, for Appellants. ON RESPONSE: Kevin A. Pituch , John A. Borell , Evy M. Jarrett , LUCAS COUNTY PROSECUTOR'S OFFICE, Toledo, Ohio, for Appellee. ON BRIEF: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Amicus Curiae.

Before: Kethledge, Bush, and Nalbandian, Circuit Judges.


ORDER

On November 25, 2020, the defendant in this case, the Toledo-Lucas County Health Department, issued a resolution closing every school in the county—public, private, and more to the point here, parochial—for grades 7-12, effective December 4. The shutdown's purpose was to slow the spread of COVID-19. Yet—in the same county— gyms, tanning salons, office buildings, and a large casino have remained open. The plaintiffs here are nine...

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