Judge Cynthia Stephens

Judge Cynthia Stephens

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Judge Cynthia Stephens

The Detroit Public Schools was hoping to put an end to the teacher sickouts that have repeatedly closed schools in protest of the conditions that include overcrowded classrooms and deteriorating buildings.

But that didn't happen Monday.

Michigan Court of Appeals Judge Cynthia Stephens denied the district's request for a temporary restraining order to block teachers from participating in sick-outs, Ann Zaniewski of the Detroit Free Press reports. DPS lawyer George Butler argued that the sickouts amount to a strike, and the law prohibits teachers from striking.

The judge said she needs more information and set another hearing for Feb. 16.

The Freep reported that Marshall Widick, an attorney representing the Detroit Federatio of Teachers, argued that the teachers' actions were protected.

"This lawsuit frankly raises the specter of First Amendment retaliation, " he said, according to the Freep.

Read more: Detroit Free Press