A Texas judge has dismissed the majority of claims brought forth by Darryl George, a Black high school student who faced disciplinary action over his hairstyle. U.S. District Judge Jeffrey Brown ruled that the only remaining claim in the lawsuit is based on alleged sex discrimination.
George, now 18, was suspended and subsequently placed in an alternative disciplinary institution during his junior year at Barbers Hill High School. The suspension stemmed from his adherence to a hairstyle policy, which the school district argued violated its dress code by extending beyond certain boundaries such as the shirt collar, eyebrows, or earlobes.
This latest decision follows a February ruling where a state judge determined that the school district’s disciplinary measures did not contravene the CROWN Act, a law designed to prevent discrimination based on hairstyle.
The Associated Press reported that Barbers Hill High School’s dress code permits other students with locs to comply with the length policy, despite George’s long hair being deemed a violation. In response, George and his mother, Darresha George, initiated a federal civil rights lawsuit against the Barbers Hill school district, its principal, assistant principal, the district superintendent, Texas Attorney General Ken Paxton, and Texas Governor Greg Abbott.
In the recent ruling, Judge Brown dismissed Abbott, the district superintendent, other school employees, and Paxton as defendants. Additionally, the George family’s claim of a First Amendment violation, asserting that hair length constitutes protected expressive conduct, was rejected due to the absence of relevant case law.
Brown also dismissed claims of 14th Amendment due process violations. The remaining claim for sex discrimination persists because the district has not provided a rationale for the sex-based distinctions in its dress code policy.
Judge Brown questioned the balance between the school district’s hair policy and its impact, suggesting that the enforcement of such rules might cause more harm than benefit. He referenced a 1970 El Paso case where a similar policy was found to disrupt the educational process more than the hair it sought to regulate. Brown concluded that the situation with George mirrors this past case, where the policy’s enforcement appeared to cause greater disruption.
This is not the first legal challenge to Barbers Hill’s hair policy. A 2020 federal lawsuit filed by two other students is still pending. Although both students withdrew from the high school, one returned after a federal judge issued a temporary injunction, citing a substantial likelihood of rights violations related to free speech and racial discrimination if barred from attending.
The court’s decision marks a significant moment in the ongoing debate over school dress codes and their impact on students’ rights and individuality.