In a significant ruling, a federal judge on Tuesday dismissed most claims in a lawsuit filed by Darryl George, a Black high school student who alleged racial and gender discrimination after being punished for his hairstyle by the Barbers Hill school district near Houston.
The ruling marks another victory for the Barbers Hill school district, which maintains that its hair length policy for male students promotes discipline and respect for authority. However, U.S. District Judge Jeffrey Brown raised concerns about the potential harm caused by the district’s dress code rule.
“Not everything that is undesirable, annoying, or even harmful amounts to a violation of the law, much less a constitutional problem,” Judge Brown stated in his order.
Despite the majority of claims being dismissed, the judge allowed one claim of sex discrimination to proceed. This claim challenges the school district’s lack of clear justification for why long hair is permitted for female students but not for male students.
Background of the Case
Darryl George, 18, spent most of his junior year in alternative disciplinary settings rather than regular classes at Barbers Hill High School due to his hairstyle. The school district contended that George’s locs, which he wore tied and twisted, violated their policy because they would extend below his shirt collar, eyebrows, or earlobes if let down. The district argued that other students with locs complied with the length policy.
In response, 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. The suit claimed the policy was primarily enforced against Black students and violated the CROWN Act, a new Texas law prohibiting race-based hair discrimination. The CROWN Act, effective since September, bars discrimination against hairstyles such as Afros, braids, locs, twists, or Bantu knots.
Judge Brown, however, ruled that George did not demonstrate a widespread, race-based enforcement of the policy. He also dismissed claims that the punishment violated George’s First Amendment rights, stating that there was no precedent to support hair length as protected expressive conduct.
Remaining Legal Battle
While dismissing most claims, Judge Brown retained the sex discrimination claim due to the district’s lack of explanation for its gender-based hair policy distinctions. “Because the district does not provide any reason for the sex-based distinctions in its dress code, the claim survives this initial stage,” Brown noted.
This decision follows a February state court ruling that the school district’s actions did not violate the CROWN Act. Judge Brown referenced a 1970 case in El Paso, where a judge initially ruled against a district’s hair policy but was later overturned on appeal. He noted that such policies often cause more disruption than the hairstyles they aim to control, a sentiment he echoed regarding George’s situation.
Ongoing Legal Proceedings
The Barbers Hill hair policy was also challenged in a 2020 federal lawsuit by two other students. One student re-enrolled after a judge granted a temporary injunction, citing potential violations of free speech and racial discrimination rights. This earlier lawsuit remains unresolved.
As this complex legal battle continues, the implications of Judge Brown’s ruling will undoubtedly influence ongoing and future discussions about dress code policies and racial discrimination in schools.