Witherspoon heads to court, preliminary injunction hearing set

Jefferson County Judge Elisabeth French has issued a restraining order against the Birmingham Board of Education, telling them not to interfere with ongoing proceedings of the state board.

Monday, July 30th. That's when Birmingham Superintendent, Dr. Craig Witherspoon, will be in court next.

Judge Houston Brown scheduled the preliminary injunction hearing for that day, following a brief hearing in his chambers, Friday.

There was also a motion to combine both the Witherspoon vs. Birmingham BOE case and the State vs. the Birmingham BOE case, in order to bring them up at the same time.

Judge Brown told both sides of the court that the bottom line is the children who attend Birmingham City Schools, saying the children need to be back in school as soon as possible. There have been talks of delaying the start of the 2012 school year, due to the uncertain future of the Birmingham Board of Education and potential job cuts.

Witherspoon's attorney, former federal judge, U. W. Clemon, hopes that isn't the case.

"I'm very confident that the schools will open as quickly as the circumstances permit," he said. "And I have not talked with my client about the date to the school opening, but I'm sure there will be something coming from his office within a day or so."