A federal appeals court has reversed a judge's decision that blocked Georgia elections officials from enforcing a nepotism law.
The three-judge panel of the 11th Circuit Court of Appeals issued a ruling Tuesday that found the judge erred when it barred Georgia Secretary of State Brian Kemp's office from enforcing a law that bans the immediate family of school administrators from running for election to a local school board.
Former Gainesville City Schools board member Kelvin Simmons was one of two former school officials who filed the lawsuit. Simmons was denied a bid for re-election in 2009 because his wife Audrey serves as an assistant principal at Gainesville Middle School. He was joined by Bartow County school board member Lamar Grizzle, whose daughter is an assistant principal.
The court concluded the former school board officials did not have enough evidence to justify the court order.
Peter Olson, a Cartersville attorney representing Simmons and Grizzle, said the ruling was
disappointing, but he said he does not suspect the plaintiffs will take further action.
"The 11th Circuit has spoken and we're not going to try to take anything to the Supreme Court," he said. "I'm not sure what the plaintiffs will want to do."
The lawsuit was filed after legislators adopted rules in 2009 that advocates say are crucial to fighting nepotism.
Olson said Simmons considered the law unfair because it doesn't apply to school board members who have friends or extended family in administrative positions.
"We didn't think the statute made sense for its stated purpose," Olson said. "... it leaves a huge hole for nepotistic behavior and doesn't address nepotism directly."
He added there are already checks and balances in the system to prevent favoritism. Lawmakers and many school boards have adopted strict conflict-of-interest policies.
Simmons was a Gainesville school board member for 19 years, beginning in 1991. His Ward 4 seat was eventually won by Delores Diaz.
"We agree that the Court of Appeals applied the correct standard of review," Kemp said Tuesday. "We'll talk to the Attorney General's Office to determine how to proceed."
Associated Press contributed to this report.