A federal judge dismissed most claims in a lawsuit filed by Darryl George, a Black high school student, alleging racial and gender discrimination by school officials who punished him for refusing to change his hairstyle. The Barbers Hill school district near Houston, which enforces a policy restricting hair length for male students to promote discipline, saw this ruling as a victory. However, US district judge Jeffrey Brown expressed doubts about the rule's overall benefit.
George, 18, faced in-school suspension or attended an off-site disciplinary program for most of the 2023-24 school year because his long hair, styled in tied and twisted locs, violated the school's dress code by potentially falling below his shirt collar, eyebrows, or earlobes if untied. The district argued other students with locs comply with the length policy.
George and his mother, Darresha George, filed a federal civil rights lawsuit against the school district, its officials, Texas Governor Greg Abbott, and Attorney General Ken Paxton, claiming the punishment violated the Crown Act. This state law, effective in September, prohibits race-based hair discrimination and protects hairstyles like Afros, braids, locs, twists, or Bantu knots.
Judge Brown dismissed the claims related to racial discrimination, constitutional violations, and due process under the 14th Amendment, noting the lack of evidence for widespread, race-based enforcement of the policy. He also found no case law supporting the idea that hair length is protected under the First Amendment as expressive conduct.
The only claim allowed to proceed was the allegation of sex discrimination. The judge noted the absence of a clear rationale for the dress code's gender-based distinctions, which permits girls to have long hair but not boys.
Brown referenced a 1970 case where a judge ruled against a school district in El Paso, Texas, for similar hair length restrictions, highlighting the disruptive impact of enforcing such rules.
Barbers Hill's hair policy faced another challenge in a 2020 federal lawsuit filed by two students. One returned to the school after a judge granted a temporary injunction, suggesting a substantial likelihood of rights violations if barred due to hair length. This lawsuit is still pending.
We'll continue to follow this story for further updates.
Link: The Guardian
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