Sarah Harbison, the New Orleans-based Pelican Institute’s general counsel, is one of the attorneys representing the plaintiffs in the Act 409 lawsuit.
A federal judge has denied a bid by a group of private schools for a preliminary injunction against a new Louisiana measure, known as Charlie’s Law, that requires inspections for early-learning centers and background checks for owners.
Judge Terry A. Doughty of the Western District of Louisiana issued the denial on Dec. 16 in a case brought by plaintiffs Providence Classical Academy Inc., Baton Rouge Christian Education Foundation Inc and two individuals. They argue that the law in question, Act 409, is discriminatory based on the Free Exercise Clause of the First Amendment, since religious preschool programs are treated differently than their public-school counterparts.
The lawsuit also alleges that the plaintiffs would suffer irreparable harm related to the costs of hiring additional staff to comply with the law’s minimum child-welfare and safety standards.for pre-K programs.
But Doughty concluded the plaintiffs’ expected need to spend more on staff and increase tuition costs, as well as other administrative burdens related to the law, do not rise to the level of irreparable or imminent harm.
“... Contrary to (the) plaintiffs’ argument, the potential compliance and administrative costs are monetary injuries that can be assessed later if plaintiffs ultimately prevail in this litigation,” he said in his opinion. “A damages award … would in fact make the parties whole again.”
The plaintiffs also failed to show a substantial likelihood that they would succeed in the litigation based on the merits of the case, according to Doughty.
Pelican Institute general counsel Sarah Harbison said she and other attorneys representing the plaintiffs were disappointed with the district court’s ruling and are discussing their next steps in the case with their clients.
“We are committed to working on a solution that protects religious liberties and preserves education choice for Louisiana families,” Harbison told the Louisiana Record in an email.
The lawsuit argued that the licensure requirement and exemptions for early-learning centers in Act 409 created an uneven playing field for nonpublic education providers. The new law exempts prekindergarten programs that are part of public day school, Louisiana Montessori-accredited schools, registered family child day care homes and care provided at no charge.
The state Legislature passed Act 409 in the wake of abuse suffered by a 3-year-old who was enrolled in a prekindergarten program in Jefferson Parish. The child was abused by a classmate while attending the program, according to the court’s opinion.
The law attempts to increase safety measures at early-learning centers and other venues by prohibiting such schools from employing people whose names have been recorded on the Louisiana Department of Children and Family Services’ central registry, according to the Legislature’s analysis of the measure.
In addition, the law expands the list of serious crimes that would prohibit employment in a school or early-learning center to include human trafficking and sexual battery of those with infirmities, the analysis says.
The law’s timeline requires the plaintiffs to submit a licensure application by Jan. 1, but other requirements of the law do not kick in until later in the new year.
