Ruling orders Slidell to pay $42,000 to ACLU

By Erik Sanzenbach
St. Tammany News
Published on Friday, July 25, 2008 8:47 AM CDT

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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.”

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Comments

12 comment(s)

teresa wrote on Aug 2, 2008 12:31 PM:

" Tim, you asked what if you were offended by having the government refrain from endorsing your religion over others.

The answer is--too bad. There is no constitutional right to have the government show favoritism to your religion. That kind of thinking is exactly what the constitution was written to prevent.

The Founding Fathers had seen personally what happened in the colonies when government favored some religions over others: Quakers were hung for blasphemy, Baptists were forced to flee their homes due to persecution. They had good reason for establishing a system of government neutral to religion. "

Bridget wrote on Aug 1, 2008 10:39 PM:

" The court house is not a church- its a courthouse. Why is this even an issue? It had no place hanging up, and I applaud the ACLU. "

Nicole wrote on Jul 30, 2008 1:29 PM:

" Little does Esman know, is that Slidell is MORE than HAPPY to pay whatever amount. It was the principle of the matter and we were able to out maneuver him and keep Jesus in a place of significance where He belongs. I truly hope that Esman doesn't feel as if he came out on top in this matter. If I had the money I would donate it to reiterate that fact. Maybe one of the area churches will donate the money to cover the cost and support what Slidell is trying to do. "

Randy Who wrote on Jul 30, 2008 5:37 AM:

" God bless america. "

Blue Line Club wrote on Jul 28, 2008 3:19 PM:

" It’s sad to know that Slidell has enough problems paying for police officers to patrol the city because gas has gone so high and can’t pay them a decent salary but the very same people suing the city for thousands (ACLU) would b e the first ones to call for help and expect the up most professionalism from the officer they took from. Its typical of this organization to do such a thing. I guess the Covington Man charged with the rape of a 5yr old isn’t a criminal either “hes got a Sickness" No one takes the blame. "

defender wrote on Jul 28, 2008 1:13 PM:

" Federal law allows for the recovery of attorney's fees in suits brought against government actors who violate the Constitution. This allows people who could not otherwise afford to sue the ability to protect themselves.

The ACLU is not a "liberal organization" - they are willing to protect many unpopular viewpoints, including conservative ones. They are dedicated to protecting the rights of the American people under the Constitution. It is too bad that more people are not willing to dedicate their time and abilities to helping those who cannot help themselves. "

bob walker wrote on Jul 27, 2008 9:11 PM:

" This is what the trouble is with this contry. "

Evan wrote on Jul 27, 2008 9:46 AM:

" “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.”

And now you have to pay the piper for it, Slidell. Don't violate the constitution next time and this may not be an issue. "

Tim wrote on Jul 27, 2008 12:44 AM:

" I think Slidell SHOULD appeal the ruling. This is absolutely ridiculous - if the ACLU wouldn't have brought the suit the citizens of Slidell wouldn't be pocketing the bill! The ACLU is nothing more than the intellectual equivalent of organizations like Moveon.org. They are full of lunatics who have no concern about preserving the constitution or the principals this country was founded on - but pushing their own liberal agenda. I always enjoy the argument that "someone, somewhere" might be offend by such displays - what happens when I'm offend that its NOT there (my freedom of religion)? "

Allan wrote on Jul 25, 2008 8:07 PM:

" Why should the city have to reimburse The ACLU for fees? The ACLU filed the law suit and lost the case?
Why not solicate funds from the other Bleeding heart Liberals that are ruining this country!!!!!! "

BARBARA wrote on Jul 25, 2008 2:21 PM:

" Again, this is a sad day in the history of America. The ACLU is taking all the rights of the majority and congratulating the minority. The people involved in the ACLU need to look at themselves every day in a mirror and maybe, just maybe after some time they will see the jokers that they rest of the world sees. Maybe their right to practice law should be taken away. They are so busy taking other's rights away, somebody please kick them in the butt!!! We are almost to the point of communism! "

R. Side wrote on Jul 25, 2008 9:49 AM:

" The ACLU is no joke, a problem for Christians, a problem for small American towns dedicated living life based on the foundations that our fathers and grandfathers instilled in us, but no joke, a wealthy organization dedicated to liberal points of view, and protecting those whose lives threaten the core values this country was built upon, but no joke. "

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