KISD LAWSUIT GOES TO FEDERAL COURT:

KISD Lawsuit Goes to Federal Court

By Catherine Brown

The Katy Courier

February 28, 2006

Before the hearing scheduled for Monday morning ever took place, lawyers representing Katy Independent School District filed to remove the discrimination lawsuit against the district to federal court.

According to the Harris County District Courts Web site, the case was moved on February 16, just three days after a judge issued a temporary restraining order against the school district and its employees. The order allowed KISD students to distribute religious viewpoint Valentines at school parties if they so chose.

Steve Stanford, communications coordinator for Katy ISD, said the district's legal counsel is handling everything with the case, and the school district has no future plans beyond following the lawyers' direction.

Although it will be a few months before the case is scheduled in federal court, Hiram Sasser, director of litigation for Liberty Legal Institute and one of the attorneys representing the plaintiffs, said the legal team will continue gathering evidence for the case and make more filings to conform to federal rules.

Sasser also said he is happy the school district moved the case to federal court.

"We anticipated them to remove it to federal court, and frankly, I thought it would be a good venue for us to be in," he said.  "It's great for us because that means the precedence we get out of this case is really useful not only here in Texas, but in other places around the country.

"We're trying to prevent this from happening again in other school districts," he said.  "Our hope is you win against one school district and all the rest of the school districts will fall in line and follow the law."

Even though Sasser wanted the case in federal courts, he said they started with a state filing because the rate of success of receiving a temporary restraining order in state court is higher than federal court.

With the removal to federal court, Sasser said he knows the time commitment of the case and the tactics that might be used against the plaintiffs.

"It appears to me, in my opinion, they have a 'scorched-earth' defense policy -- which is deny everything, fight you to the death and try to wear you down and make you quit," Sasser said.

Sasser said the Texas Association of School Boards provides the policies and policy training for the majority of school districts in the state and also provides insurance for lawsuits filed against school districts.

In Sasser's opinion, the taxpayers are the ones who pay the price in the "scorched-earth" defense.

The taxpayers end up footing the bill of millions of dollars in these cases that go for years and years," he said.

Sasser said a scheduling conference for the case is set for June.