US Court of Appeals reverses dismissal of chewing gum suit against Knox County Schools

A lawsuit originally filed against Knox County Schools in February of 2022 and later dismissed is now returning to the courtroom.
Published: Feb. 1, 2023 at 10:16 AM EST|Updated: Feb. 1, 2023 at 11:18 PM EST
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KNOXVILLE, Tenn. (WVLT) - A lawsuit originally filed against Knox County Schools in February of 2022 and later dismissed is now returning to the courtroom.

Last year, a Jane Doe and her parents filed the suit, saying she has trouble concentrating in her L&M Stem Academy classroom when students chew gum. The problem allegedly stems from a medical condition called Misophonia, described as “an extreme reaction to hearing normal sounds.” A Harvard health blog cited in the filing a year ago said the condition causes a fight-or-flight response to some sounds, like chewing.

Previous Coverage: Family files lawsuit against Knox County Schools asking to ban chewing gum, eating in class

The original suit was mentioned by Knox County Mayor Glenn Jacobs on Twitter, who said the suit could set a president for more in the future.

Jacobs also said the suit would bring a blanket ban on chewing gum, but that is not what the suit is asking. Instead, Doe is asking that chewing gum be banned in her classroom alone. In fact, Knox County Schools already has a policy banning chewing gum in classrooms, however. According to the school system’s rules, students are only allowed to have water at their desks during instruction.

Previous Coverage: Judge dismisses student’s lawsuit against KCS over chewing gum, eating food

Last year’s suit was dismissed after a federal judge dismissed the case, saying it was not properly filed. Now, the court has ruled on the student’s side, sending the case back to federal court.

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