Federal Judge Dismisses Most Claims in Hair Discrimination Lawsuit

 

In a notable legal decision, a federal judge has dismissed the majority of claims in a lawsuit filed by Darryl George, a Black high school student who alleged racial and gender discrimination by his school district for refusing to alter his hairstyle. The case has drawn significant attention to the intersection of school policies, race, and individual rights.

Darryl George, an 18-year-old student at Barbers Hill High School in Mont Belvieu, Texas, faced disciplinary actions for maintaining his hair in long locs, which the school district argued violated its dress code. For most of the 2023-24 school year, George was either placed in in-school suspension or sent to an off-site disciplinary program. The school district’s policy prohibits male students from having hair that falls below the collar, eyebrows, or earlobes.

George, supported by his mother Darresha George, filed a federal civil rights lawsuit against the school district, its officials, and notable figures such as Texas Governor Greg Abbott and Attorney General Ken Paxton. The lawsuit claimed that the district’s hair policy was racially discriminatory and violated the Crown Act, a state law designed to prevent race-based hair discrimination.

US District Judge Jeffrey Brown ruled in favor of the school district on most of the claims, though he allowed one key issue to proceed. Judge Brown dismissed allegations related to the Crown Act and First Amendment rights, stating that George’s hairstyle did not qualify as protected expressive conduct under the First Amendment and that there was insufficient evidence of racially discriminatory enforcement of the policy.

Judge Brown did, however, permit a claim of sex discrimination to continue. This claim argues that the school’s dress code lacks clear justification for allowing girls to have longer hair while prohibiting it for boys. Brown noted that the district's failure to provide a reason for this gender-based distinction meant that this specific claim warranted further examination.

The ruling follows a February decision by a state judge who also found that the school district’s punishment did not violate the Crown Act. Additionally, the case echoes an earlier 1970 ruling in a similar case from El Paso, where a judge found that enforcing a strict hair-length policy could cause more disruption than the hair it aimed to control.

While the court's decision represents a partial victory for the school district, it highlights ongoing tensions between school policies and students’ rights. The remaining sex discrimination claim underscores the need for schools to provide clear and equitable policies that do not unfairly target or disadvantage specific groups of students.

The Barbers Hill School District's hair policy has been previously challenged in a May 2020 lawsuit involving two other students, one of whom received a temporary injunction allowing him to return to school. That case continues to unfold, reflecting broader debates about the balance between institutional rules and individual rights.

As the legal landscape evolves, both the school district and students like Darryl George continue to grapple with questions of fairness, discrimination, and personal expression within educational settings.