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This is Bad legislation! Your going after the wrong target. There is no “tax payer” funding of the ACLU.

Get after the Judges. Not the law that let’s YOU recover expenses.

There is no “tax payer” funding of the ACLU.

So where do governments get their money when they have to pay up? The taxpayer.

Get after the Judges. Not the law that let’s YOU recover expenses.

I agree we also need to get after the judges. But why should we have to pay the ACLU lawyers' fee (via our taxes to cities, towns, etc.) just because someone is "offended"?

This isn't going to stop recovery from real damage, such as physical injury or property damage. It's only going to stop collection of fees in cases where someone is "offended."

http://isitjust.blogspot.com/2005/05/religion-fights-no-profit-situation.html

Religion Fights A No Profit Situation

Indiana Rep. John Hostettler (R) is getting ready to face down Goliath using the very stone that has been hurled at the religious elements in government, schools, and other public entities that have been the recipient of recent lawsuit engagements by the ACLU (i.e., the law). It is Rep. Hostettler's intention to introduce an amendment to Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1988 which will prohibit prevailing parties from being awarded attorneys fees in religious establishment cases, but not in other civil rights filings.

Civil rights cases historically were based on the premise that the injured party was mentally, physically or monetarily injured, not as in recent events offended as those who have taken issue with prayer in school or religious decorations placed in government buildings or public squares. The ACLU has changed it's litigation standards over the years. The reason is money. Bring in 10 attorneys like the ACLU does on their cases and the cost of litigating gets real expensive to those who have the misfortune to be named defendants in the case. Most school systems and small government entities do not have the financial reserves to fight an army of attorneys. So through intimidation by threat of lawsuit many who would fight, can't.

To find out how to contact your state Representatives and Senators, visit the Stop the ACLU website. It is time for Goliath to be knocked down.

Here is more info on the subject:

http://isitjust.blogspot.com/2005/05/house-members-fight-aclus-ill-gotten.html

House Members Fight ACLU's Ill-Gotten Gains

Members of the House of Representatives have introduced legislation to limit monetary rewards to reimburse legal fees by those who would seek to sue over religious issues. It is called the `Public Expression of Religion Act of 2005'.

I first posted on this on May 8th (read previous post). As I stated in that article, unless a litigated case can prove damage beyond a perceived state of being offended, the case will fall into this Act's jurisdiction and no monetary reimbursement for attorney fees by the party that sues can be awarded. This will reduce greatly the amount of frivolous lawsuits, as seen recently in the news, that the ACLU has initiated against schools, cities, counties, and states in which religious art in public places or on public grounds was the basis for the lawsuit. Additionally, those lawsuits stemming from "a moment of silence", prayer in public places, or any other religious issue in which the damage is an "offense" and not one that causes physical or monetary damage will fall under this Act.

Let your Congressmen know that you support this action. For too long now, the ACLU has initiated all manners of frivolous lawsuits that have cost hundreds of thousands of dollars in unnecessary litigation for taxpayers. The way the ACLU supports itself is through litigation of this nature. With the enactment of the `Public Expression of Religion Act of 2005' the financial funding for the ACLU will be dealt a huge blow. They do not work "pro bono" as they would like everyone to believe. Their attorneys will not pursue litigation that does not line their pockets one way or the other. Their work is not a charitable work for the greater good of mankind. It is all a matter of litigation for profit for the ACLU. It is time this stops.

Read more on this at Stop the ACLU.

This law has been turned on its head by the ACLU. They use this law to help fund their campaign against the very small schools and local governments it was meant to protect. This amendment does not abolish the law anyway! It only protects local and State officials from being sued for expressing their religion.

http://releases.usnewswire.com/GetRelease.asp?id=48219

American Legion: When Good Legislation is Abused -- Fix It

6/1/2005 10:31:00 AM

To: National Desk, Legal Reporter

Contact: Joe March, 317-630-1253 or Ramona Joyce, 202-263-2982; 445-1161 (cellular)

INDIANAPOLIS, June 1 /U.S. Newswire/ -- The leader of the nation's largest veterans organization lauded the introduction of HR 2679, the Public Expression of Religion Act (PERA), by Rep. John Hostettler last week and urged all Americans to strongly support this long overdue legislation.

"The 1976 Civil Rights Attorney's Fee Awards Act was much needed legislation, but in recent years, certain groups have abused the congressional intent of this public law in 'Establishment Clause' lawsuits against the Boy Scouts of America, the Ten Commandments, and now veterans' memorials, " said Thomas P. Cadmus, National Commander of The American Legion. "And it is time to fix it!"

"Exorbitant attorney fees awarded by Courts to be paid by American taxpayers has become the newest 'Sword of Damocles' strategically employed by organizations like the American Civil Liberties Union (ACLU) to coerce settlements by cities, counties, states, and large organizations like the Boy Scouts of America and the Department of Defense by suits and threats of lawsuits against any public expression of America's religious history, heritage, and values," Cadmus said. "When out-of-court settlements are more cost effective than the judicial process, then the system is clearly broken."

"Each time the threat of outrageous attorney fee awards by courts drives an out-of-court decision, Lady Justice receives another 'black-eye' and justice is defiled," added Americanism Chairman Joseph E. Caouette.

"The American Legion is a strong supporter of the Boy Scouts of America and the Department of Defense.

"When the mere threat of attorney's fee is so severe that large organizations fear the consequences, then imagine the power and chilling effect it has on local elected officials faced with the threat of court-ordered, taxpayer-paid attorney fees if they do not surrender to ACLU demands to cease sponsorship of Boy Scouts, or to destroy religious symbols like the Ten Commandments." The American Legion actually holds the charters on over 2,600 Boy Scout units and supports thousands more.

"Using taxpayers' dollars to pay these court-ordered attorney fees, especially when attacking established, traditional American values is absurd," Cadmus continued. "The list of victims continues to grow - Los Angeles County, the cities of San Diego and Redlands in California, the school boards in Chicago, Ill., and Portland, Or., the Village of Castleton, Department of Housing and Urban Development, Department of Defense, Ten Commandments cases in Kentucky, Texas, and Alabama, and even a Veterans' Memorial in the Mojave Desert. Who will be the next victim?"

"Enough is enough!" Cadmus declared. "The American Legion fully supports legislation introduced today by Representative Hostettler, the Public Expression of Religion Act (PERA). It will remove the chilling effect on constitutionally protected free expression of religion in public areas by ending court-ordered attorney fees, or damages, in Establishment Clause cases - but only those cases. It does not bar anyone from filing an Establishment Clause lawsuit. It merely follows the general American rule that each party bears its own attorney fees in lawsuits, and removes the threat of court-ordered attorney fees or damages in Establishment Clause claims only. No other civil rights claim will be affected by this legislation"

"The American Legion believes the Public Expression of Religion Act will restore sanity in the judicial process," Cadmus said. "With this bill, we take a giant step to stop an abuse of the Civil Rights Acts. I thank Rep. Hostettler and urge every member of Congress to sign on as a co-sponsor of this extremely important legislation."