Federal Judge Allows NAACP Lawsuit Over Confederate School Names to Proceed

The battle over Confederate school names in Shenandoah County is moving forward in court after a federal judge on Friday denied the school board’s motion to dismiss a lawsuit brought by the Virginia NAACP and five students.

The lawsuit alleges the board “reaffirmed discrimination” last year when it voted to restore Confederate names to two schools, reversing a 2020 decision by a previous board to rename Mountain View High School to Stonewall Jackson High School and Honey Run Elementary to Ashby-Lee Elementary, honoring Confederate Gens. Thomas “Stonewall” Jackson, Turner Ashby, and Robert E. Lee.

A view from outside Stonewall Jackson High School in Shenandoah County. (Photo by Nathaniel Cline/Virginia Mercury)

The complaint before the U.S. District Court in Harrisonburg alleges that the school board violated the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and the Equal Educational Opportunity Act. The NAACP seeks to remove the Confederate names, mascots, and vestiges and prevent any future school naming involving Confederate leaders or references to the Confederacy.

In his ruling, U.S. District Judge Michael Urbanski cited the need to explore the allegations of racial discrimination. “Discovery is necessary to ascertain whether the plaintiff’s plausible allegations of an EEOA violation are borne out by the evidence,” he wrote.

Urbanski also noted that the Confederate names may infringe on students’ constitutional rights, pointing to the use of names like “Stonewall Jackson Generals” on team uniforms as potentially discriminatory speech.

“Although residents of Shenandoah County disagree as to the nature of the message conveyed by the name, Stonewall Jackson, they agree that the name expressive import sufficient to arouse the passions led to the name changes underlying this case,” Urbanski wrote.

The Washington Lawyers’ Committee and Covington & Burling LLP, representing the Virginia NAACP and student families, said that this ruling allows them to proceed with their claims against the school board.

Marja Plater, senior counsel at the Washington Lawyers’ Committee, emphasized the importance of the ruling. “Since Brown vs. Board of Education, courts have recognized that education is a right that must be available to all students, and that Black students experience very real harm when they are forced to confront schools that send a message that they don’t belong,” Plater said.

The Rev. Cozy Bailey, president of the NAACP Virginia State Conference, celebrated the decision as a step toward justice. “We are encouraged by Judge Urbanski’s decision. This puts us one step closer to ensuring that Black students and all students in Shenandoah County can attend schools that foster inclusive and safe learning environments,” Bailey said.

A date for the next hearing has not been set yet, a spokeswoman from the NAACP told The Mercury. The bench trial is likely to change from its original date of June 30 to July 3.

by Nathaniel Cline, Virginia Mercury

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