“It is not fair for taxpayers to pay the legal bills for groups like the ACLU,” said Brownback. “Currently many small towns comply with the demands of the ACLU rather than risk going to trial and paying hundreds of thousands of dollars in legal fees to the ACLU if they lose the case.”
Currently, legal activist groups recover hundreds of thousands of dollars from state and local governments based on a provision of the 1976 Civil Rights Attorney Fees Awards Act, which was intended to assist underprivileged plaintiffs in obtaining legal representation in civil rights cases.
For example, when several groups won a case in Alabama to remove a Ten Commandments display from the Alabama Supreme Court building, taxpayers were forced to pay the groups’ attorneys nearly $550,000.
Brownback said the legislation would still allow “plaintiffs with legitimate claims to have their day in court. However, it would prevent local cities and towns from being coerced into settling claims out of a fear of huge monetary losses.”
This new measure would require parties in Establishment Clause cases to pay their own attorney fees.
.- U.S. Senator Sam Brownback reintroduced the Public Expressions of Religion Act on Jan. 29. The bill would prevent activist groups from using a 1976 civil rights law to recover attorney’s fees when they sue local cities and towns in cases related to public displays of religion and faith.