Daily feature: Featured lawsuit
Once a week, we take a closer look at a noteworthy lawsuit involving governmental responses to the COVID-19 outbreak in the United States. We define a noteworthy lawsuit as one that has garnered significant media attention, involves major advocacy groups, or deals with unique legal questions. This week, we look at a lawsuit involving school restrictions in Florida.
Levine v. School District of Palm Beach County
On Sept. 28, Judge Glenn D. Kelley, of the Palm Beach County Circuit Court, refused local teachers' request to transition students to distance learning.
What was at issue?
The teachers allege Palm Beach County’s school district reopening plan arbitrarily and capriciously denied "students, public school staff, their family members, and the public with whom they come in contact within the public-school system their basic human needs for health and safety," violating the state constitution.
How did the court rule?
In his order, Kelley wrote that, while he "is not unsympathetic to the safety concerns demonstrated by the Plaintiffs," he was unable to "second guess the plan developed and implemented by the School Board." Kelley said that "the Court simply cannot, and should not, determine the wisdom of public policy."
What are the reactions, and what comes next?
The school district said: "The School District of Palm Beach County appreciates and respects Judge Kelley's very thoughtful decision in upholding the School Board's Reopening Plan." The plaintiffs have not publicly indicated whether they intend to appeal.
Additional activity
In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.
- Public middle and high schools in New York City are reopening for in-person instruction on Oct. 1. Families can still choose to enroll in fully remote classes.
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