09/13/2011
Dear plaintiff class members,
We are writing with a brief update about Whitaker v. Perdue. You may recall that summary judgment briefing on the legality of the school bus stop restriction was filed in late 2010. The parties have been awaiting the Court's ruling since that time.
Today we received an order from the Court. The Court has denied without prejudice both the State's and our motions for summary judgment pending additional briefing by the parties. Specifically, the Court has asked the State to re-brief the question of whether this case should be dismissed as moot since, in late 2010, the school boards in Chatham and Bullock counties "undesignated" their school bus stops for purposes of the sex offender law, leaving no "designated" school bus stops in Georgia. The State has been ordered to file a supplemental brief regarding this issue within 30 days, and then SCHR will have an opportunity to respond on behalf of the plaintiff class.
To summarize, the Court's order today means that there will be an additional period of briefing before a final ruling is made on the legality of the school bus stop provision. Please find attached the Court's Order of 9/13/11 and a brief filed by plaintiffs last year pertaining to the mootness issue on which the Court has ordered supplemental briefing.
We will keep you posted when we have any additional news to report.
Sincerely,
The Southern Center for Human Rights
www.schr.org
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