R.T. Alexander, George Washington High School’s all-state quarterback, is taking another shot in court at defeating a state map that shuts down schools.
Alexander’s lawsuit in Kanawha Circuit Court contends he is being treated unfairly — costing him playing time and chances at college scholarships — because West Virginia’s map depicting coronavirus spread has almost no other effect except determining whether schools should be open.
Kanawha County schools still haven’t opened to classroom instruction this year, and Kanawha’s football teams like Alexander’s haven’t played a down.
“Here, different groups are being treated differently: school students and student athletes are being restricted while others are not,” wrote lawyers for Alexander.
“People who wish to shop still shop; people who wish to dine out still dine out; people who wish to congregate at church, funerals, weddings or other social activities still do so.”
Alexander’s lawyers contend his right to equal protection under the state Constitution has been violated. He is asking for a temporary restraining order to prohibit enforcement of the state’s school re-entry map until the full case can be decided on its merits.
This is one of several lawsuits the Justice administration is facing over its handling of the coronavirus pandemic. Bar owners in Morgantown have filed a lawsuit, contending executive orders have been issued without an even hand.
Late Tuesday afternoon, the West Virginia Education Association announced its intention to file suit over changes to the state’s map, alleging it has been altered over and over with an end goal of opening schools.
MORE: W.Va. teachers union says it’s ready to sue over changes to virus map that determines school status
For its part, the WVEA contended, “Listening to the comments from the governor and his health advisors, the focus has clearly been on getting teams back on the playing field and getting students in school,” WVEA President Dale Lee stated today.
“They forget that in many classrooms and buses across our state it is impossible to practice appropriate social distancing and enforce mask wearing.”
So the Justice administration faces legal challenges saying the map is too restrictive or too lenient — with the lawsuits agreeing its enforcement has been uneven. Gov. Jim Justice has repeatedly said, “You’re dadgummed if you do and dadgummed if you don’t.”
Technically, this is the second time Alexander has made his claim.
Alexander had sought to intervene in a similar case that was filed by a Kanawha County parent, but Judge Tod Kaufman denied the motion. The judge later dismissed the case by parent Alex McLaughlin, who also had argued the state’s map unconstitutionally shuts some school systems while lettering other aspects of daily life go on.
Now Alexander’s case is filed separately and is being heard in the courtroom of Kanawha Circuit Judge Joanna Tabit, who took over after it was assigned initially to Judge Tera Salango, whose husband Ben is running for governor.
Tabit scheduled a hearing for 9 a.m. this coming Tuesday in the Ceremonial Courtroom of the Old Courthouse in Charleston. Filings in the case are due by noon Friday.
Alexander is being represented by attorney David Fenwick of the Goodwin & Goodwin law firm. The Governor’s Office is represented by outside counsel Ben Bailey of Bailey & Glasser. The state Department of Education is represented by Kelli Talbott of the Attorney General’s Office.
Order Issuing Rule to Show Cause (Text)
In August, Governor Justice and his administration established a color-coded map tracking the spread of coronavirus in West Virginia that designates school status.
Counties depicted as red or orange have to conduct school remotely. Changes to the map have helped most counties open classrooms, but Kanawha is one of two counties still orange.
The map does not affect other aspects of society except for visitation at nursing homes. However, the governor has issued executive orders affecting occupancy in businesses such as restaurants and bars.
The state Constitution provides a guarantee for a “thorough and efficient education of free schools.”
Justice has stated desire to open classrooms if it’s safe to do so. “The kids in Kanawha County have not been in school. We want ’em in school so bad,” Justice said Monday.
He ordered a four-day testing blitz at George Washington High School — where Alexander is enrolled — with an implication that even more testing could lower the area’s percent positive.
“What we need to do is blanket the orange counties and, God forbid, a red county. And we need to test and test and test,” Justice said during Monday’s regular briefing.
Alexander’s lawsuit contends his time is running out. His team is 0-0. The way matters stand now, there are just six game possibilities left on a tattered schedule.
Alexander is the son of Robert Alexander, the two-time Kennedy Award-winning running back at South Charleston High School and a former player at West Virginia University and the NFL’s Los Angeles Rams.
He transferred from a high school in Georgia to George Washington last year, throwing for 2,428 yards and 30 touchdowns. The Patriots finished an 8-4 season with the Class AAA quarterfinals.
Now a senior, Alexander says he is missing out on a short and irreplaceable window.
“In short,” his lawsuit states, “the loss of his senior season denies Alexander of what should be a memorable and enjoyable final season and significantly lessens his opportunity to earn a college scholarship — thereby adversely affecting his athletic and vocational career and life path going forward.”