The case is occurring in a county with a history of controversy over religion in schools. In 2002, the district put a sticker on science textbooks that said evolution is “a theory, not a fact” and encouraged students to read with an open mind, “critically considered.”
Even so, the district’s lawyer, Charles Bachman, Jr., argued Friday in U.S. District Court that there is no evidence that Ragsdale, the school board or any officials were motivated by the religious nature of the parent opposition when they ended the practice of yoga at Bullard Elementary School and transferred Cole to another school.
They were merely trying to restore order, Bachman said. “There was such a disruption that Ms. Cole could no longer operate.”
Neither side of this dispute is saying yoga is religious. Indeed, Cole says she’s a Christian.
But her lawyer, Edward Buckley, argued that the school board’s decision not to back her was in effect advancing a religious cause, by denying all children in the school access to yoga.
Because it was a religious controversy, school officials were obligated to support her or at least to remain neutral, he said. “It was upsetting to Ms. Cole because she wanted the school board to defend her.”
She wants damages, including back pay, lost benefits and legal fees and costs.
Judge William “Billy” Ray, II, said he thought Cole’s legal case was a “marginal” one, but he sided against Cobb, which had asked for dismissal. He said a jury must decide whether religion motivated the school officials’ actions or whether their decision against yoga advanced a Christian cause. A trial could begin by fall.