Saturday, January 27, 2007

Las Cruces Schools Seek Attorneys' Fees After Establishment Clause Win

Now that the Las Cruces, New Mexico Public Schools has won a suit brought against it challenging its logo and a school mural featuring three crosses (see prior posting), the school system is asking a federal judge to require unsuccessful plaintiff Paul Weinbaum to reimburse the schools for $16,000 of the nearly $53,000 that was spent to defend the lawsuit. Today's Las Cruces Sun-News says that the $16,000 represents that amount spent by the school system on the Establishment Clause litigation after a similar suit against the city was dismissed by the court. (See prior posting.) School system attorney William "Rusty" Babington says that once the city's suit was dismissed, the suit against the schools was clearly frivolous. City attorney Fermin Rubio said the city will not seek to recover the $20,000 it spent in legal fees defending the suit brought against it by Weinbaum.

UPDATE: Thanks to shlep, here is the full text of the school board's Motion For Award of Attorney's Fees.