Private Christian school drops federal lawsuit over COVID restrictions in Hermiston

A small Hermiston Christian school dropped its legal challenge to Oregon’s COVID-19 restrictions that shut them down.

The Alliance Defending Freedom, a Arizona-based nonprofit legal group, announced Thursday the decision by the Hermiston Christian School to drop its lawsuit after Gov. Kate Brown and other state officials. Oregon has since changed an exception under the COVID-19 rules for small schools.

“Because this disparity no long exists and Hermiston Christian School can now operate like public schools nearby, we are voluntarily withdrawing our lawsuit,” said Mark Lippelmann, the nonprofit’s senior counsel.

The school filed the civil rights lawsuit in U.S. District Court in October pointing to an exception that allowed public schools with fewer than 75 students to return to buildings, but kept similarly sized private schools teaching classes online only.

At that time, Hermiston Christian School had 51 students in its K-12 program.

They pointed out that the Ukiah School District 80 miles southeast of Hermiston was allowed to reopen, even though COVID rates in the rest of the county had forced the private school close in person.

Attorneys argued the shutdown was aimed unfairly at religious schools, since they make up all the private schools in Umatilla County.

“The religious school closure is unconstitutional and makes no sense,” attorneys said in their complaint. “The virus does not discriminate between public and religious schools; neither should the government.”

The Christian school started the school year in distance learning, according to its website.

Attorneys for the state denied that the order violated the constitution, according to court records. But the state has since made the rule the same for public and private schools.

The Alliance claimed Oregon was trying to avoid a mass defection from public schools into private schools.

Private schools in the Tri-Cities have seen an increased enrollment this year after most public schools started with distance learning.

Smaller schools were allowed to bring students back, though they still need to wear masks and stay six feet apart.