KKK litter suit, A judge should dismiss a lawsuit filed by a Ku Klux Klan group that was turned down for participation in a highway cleanup program, the state of Georgia argued Monday.The American Civil Liberties Union Foundation sued last month on behalf of the International Keystone Knights of the KKK in Union County, saying the state violated the group’s right to free speech.
The state on Monday filed its response and supporting brief in Fulton County Superior Court.
The lawsuit, which names the state and various state agencies and officials, asks the court to force the state to issue an Adopt-a-Highway permit to the KKK; issue a permanent injunction preventing the state from denying the KKK such a permit; and declare that the state wrongfully denied the group’s application and violated due process.
The response argues that claims against state agencies and officials are generally barred in state courts by sovereign immunity.
Even if that were not the case, the suit should be dismissed because the KKK didn’t file the lawsuit in time, lacks standing to request an injunction and didn’t take advantage of other existing legal avenues for appeal, the state argues.
The state argues that the KKK should have challenged the denial of the application within 30 days based on a 1981 Georgia Supreme Court opinion.
The state on Monday filed its response and supporting brief in Fulton County Superior Court.
The lawsuit, which names the state and various state agencies and officials, asks the court to force the state to issue an Adopt-a-Highway permit to the KKK; issue a permanent injunction preventing the state from denying the KKK such a permit; and declare that the state wrongfully denied the group’s application and violated due process.
The response argues that claims against state agencies and officials are generally barred in state courts by sovereign immunity.
Even if that were not the case, the suit should be dismissed because the KKK didn’t file the lawsuit in time, lacks standing to request an injunction and didn’t take advantage of other existing legal avenues for appeal, the state argues.
The state argues that the KKK should have challenged the denial of the application within 30 days based on a 1981 Georgia Supreme Court opinion.
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