Badnarik isn't the one suing. The Arizona LP is suing ASU and the CPD, on behalf of their membership and the residents of Arizona.
You still have responded as to how your previous claim of...
"The Libertarians are not suing to be included. They are suing to prevent the use of taxpayer dollars to fund a PRIVATE event!"
with the first line from the article:
"The third and final debate between President Bush and Senator Kerry has been thrown into doubt after a state judge in Arizona ordered a hearing on whether the event, scheduled for Wednesday, should be halted because the Libertarian Party's nominee for president has not been invited. "
Your version is even different from the official bednarik web site:
“If all of the candidates were invited, it might be portrayed as an educational program,” says David Euchner, the Tucson attorney pressing the Libertarians’ case. “When legitimate candidates whose names will appear on the Arizona ballot are excluded, the only word for it is ‘campaign commercial.’”
So he's not against taxpayer money being used for the debate - only if it's held without him.