Possibility? It's the first thing that came to my mind when I heard of the capitulation. What government body allows itself to be pushed around by private groups with a grudge?
I wonder... are there any lawyers around who could give an opinion as to whether the ACLU's behavior would qualify for a RICO suit?
Since Los Angeles is city of Angels...
won't that have to go too???
Addendum to this... maybe try a RICO charge under 18 USC 1962(c)? How ironic would it be to turn the "interstate commerce" clause against the socialists? As to pointing out the extortion part, it could be argued that the ACLU extorts via intimidation, through the threat to file frivolous lawsuits for the purpose of imposing financial penalties on entities who do not adhere to their anti-religious ideology in defiance of the protection of religious expression under the First Amendment.
18 USC 1962 (c):
It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.
If you accept that 18 USC 1962(c) applies to the above-referenced ACLU behavior, then the rest of the RICO law applies so solidly that it seems written for this very purpose. All one would do is need to show that the ACLU behavior qualifies as extortion under the Hobbs Act.
The pertinent clause of the Hobbs Act:
"The term 'extortion' means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right."
If there's an enterprising lawyer out there who can get together enough people/institutions who have been intimidated by the ACLU in this manner, perhaps there's a class-action that can be done.
The kicker is that IF the RICO suit fails, then it is established that it would be legal to set up an anti-ACLU for the purpose of suing the ACLU itself into bankruptcy over every possible breach of law. I'd donate to it ;)
They run from law suits as a way of life. In the past, they hired expensive
ineffective lawyers that conspicuously lost suit after suit. Losses in county
funds (taxes) were enormous. So now days, they rail in chambers like
tough guys for an hour or two (for the local press), and then give in quickly
to minimize the impact of inevitable court losses.
There isnt an ounce of principled fight in the full chamber.
They will probably agree to something cheap. Like putting a sticker of a
poppy on the top of Cross so as to use the bottom as a stem.
CB^Q