Ruling orders Slidell to pay $42,000 to ACLU

In what may be the final chapter in the legal case over a picture of Jesus that hangs in the lobby of the Slidell City Court, Federal District Judge Ivan Lemelle ruled Tuesday the city of Slidell must pay the American Civil Liberties Union $42,739.58 in attorney fees and court costs.

Mike Johnson, the lawyer representing Slidell, said Wednesday the city is considering whether or not it will appeal the decision.

The ruling comes a little more than a year after the ACLU demanded Slidell City Judge Jim Lamz remove a painting of Jesus that hung on a wall in the courthouse. Lamz and city officials refused, and the ACLU filed suit, claiming the picture violated the separation of church and state as put forth in the First Amendment of the U.S. Constitution.

Just before the case went to court, Lamz changed the display by putting up pictures of 15 other historical lawmakers like Hammurabi, Napoleon and Confucius. Lemelle ruled April 16 that the original display with only the picture of Christ was unconstitutional but the new display was legal and awarded the ACLU $1 in damages. The judged also ruled Slidell had to pay for all attorney fees and court costs.

Johnson, who works for the Alliance Defense Fund, an organization that defends cases involving religious freedoms, said Lemelle’s ruling was a “hollow victory” for the ACLU and didn’t think Slidell should have to pay anything. Slidell Mayor Ben Morris didn’t think the city should have to pay either. Calling the ACLU “the American Taliban,” Morris said he wouldn’t pay them a penny.

The Alliance Defense Fund did not charge the city for its legal services. After a discovery period, the ACLU presented a bill for $65,000 to Lemelle.

Lemelle lowered the amount to $42,000 for attorney fees, plus $739.58 in court costs.

ACLU Executive Director Marjorie Esman said it was standard for Lemelle to lower the attorney fees.

“Judges routinely lower attorney’s fees. He was being prudent,” Esman said Wednesday.

Even though the city was disappointed in the ruling, Johnson said in a released statement there is a bright side to the decision.

“We’re pleased Judge Lemelle recognized the ACLU was attempting to charge exorbitant legal fees and reduced their requested award by more than one-third,” Johnson said.

Johnson went on to say the ACLU “acted as legal bullies” by bringing the lawsuit. He claimed the ACLU was only interested in filing a lawsuit rather than reaching a solution.

Esman countered Johnson’s accusations.

“We never wanted to bring this case,” Esman said. “We asked the city to remove the picture, but it refused. Slidell violated such a clear Constitutional principle that we felt we had no choice.”

Esman does not think the city should appeal the decision.

“An appeal would be unfortunate. The law is not in their favor,” Esman said.

She added if the city decides to appeal the ruling and loses, it could end up paying more than the original amount. The cost of an appeal would be added to the original settlement.

“It’s too bad that the residents of Slidell now have to pay for what should have been resolved without litigation,” Esman said. “The people of Slidell should not have to pay any more.”