Case 4:15-cv-00054-RGD-DEM Document 69 Filed 06/23/16 Page 1 of 2 PageID# 847

Fll ED

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NEWPORT NEWS DIVISION

JUN 2 3 2016
CLERK, USD13TR CT COURT
NORFOLK, VA

G.G., by his next friend and mother,
DEIRDRE GRIMM,
Plaintiff

CIVIL NO. 4:15cv54

v.

GLOUCESTER

COUNTY

SCHOOL

BOARD,
Defendant.

ORDER

This matter is before the Court on Plaintiff G.G.'s Motion for Preliminary Injunction.

ECF No. 11. On September 4, 2015, this Court denied the Motion. ECF No. 53. On appeal, the
Court of Appeals vacated this denial and remanded the case for reevaluation of the Motion under
a different evidentiary standard. Op. of USCA, ECF No. 62 at 33. The Court of Appeals also
reversed this Court's dismissal of G.G.'s claim under Title IX. Id. at 26. In a concurrence. Judge

Davis explained why the Preliminary Injunction should issue in light of the Court of Appeals'
analysis of Title IX. Id. at 37-44. Il appears to the Court from the unrebutted declarations

submitted by the parties that the plaintiff is entitled to use the boys' restroom. Therefore, for the
reasons set forth in the aforesaid concurrence and based on the declarations submitted by the

parties, the Court finds that the plaintiff is entitled to a preliminary injunction.
As noted in the Opinion of the Court of Appeals, this case is only about G.G.'s access to

the boys' restrooms; G.G. has not requested access to the boys' locker rooms. Id. at 7 n. 2 (UG.G.
1

 Case 4:15-cv-00054-RGD-DEM Document 69 Filed 06/23/16 Page 2 of 2 PageID# 848

does not participate in the school's physical education programs. He does not seek here, and
never has sought, use of the boys' locker room. Only restroom use is at issue in this case.").
Accordingly, this injunction is limited to restroom access and does not cover access to any other
facilities.

Based on the evidence submitted through declarations previously proffered for the

purpose of the hearing on the Preliminary Injunction, this Court, pursuant to Title IX, hereby
ORDERS that Gloucester County School Board permit the plaintiff, G.G., to use the boys'
restroom at Gloucester High School until further order of this Court.
The Clerk is DIRECTED to forward a copy of this Order to all Counsel of Record.
IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

Newport News, VA

June ?*>.2016