An 11th Commandment for Brandi Swindell and Bryan Fischer

Somebody asked me what I thought about Idaho Values Alliance Director Bryan Fischer and fellow Christian-right activist Brandi Swindell getting one big bill from the city of Boise.  I think many would be surprised at my response.

Fischer revealed in his blog the city has put liens on his property and demanded he and Swindell start making payments on the $10,131 a judge ordered them to pay for the city's legal fees in the infamous '10 Commandments' controversy.  For those of you who missed it, four years ago, Fischer and Swindell took Boise to court after city council decided Boise should no longer keep the 10 Commandments monument in Julia Davis Park.  The city was being challenged by another group that wanted to put up an anti-gay monument on religious grounds and council simply didn't want taxpayers to pay for a legal fight.

It's not like the city was destroying the monument or hiding it ... some would argue the monument was moved to an even more prominent location ... but the idea of Boise somehow divorcing itself from a religious symbol sent Fischer and Swindell into a frenzy, so they sued and lost.  In doing so, they ignored the 11th commandment.

"Thou shalt not fight city hall over trivial matters."

Now Fischer believes he merits forgiveness from city leaders.  He explains his logic in his blog by writing, "... the ACLU has padded its coffers by successfully suing cities on the grounds that the presence of religious monuments offends them. We reasoned that, if being offended is a legitimate basis to initiate legal action, then we had the same right to challenge the city on the grounds that removing this monument offended us.  A federal judge ... ordered us to pay $10,131 in attorney’s fees to the city. This for just three days work and despite the fact that the city has a full-time staff of several dozen lawyers, who are already being paid to do the legal work of the city. In other words, this federal judge ordered us to pay the city’s lawyers to do their job."

You can read the entire blog here:

http://www.idahovaluesalliance.com/news.asp?id=835

Fischer's logic is a bit of a stretch.  The American Civil Liberties Union doesn't sue because the presence of religious monuments offends them.  They sue because they believe their presence violates the Constitution of the United States and the stated goal of the founding founders that has become known as 'separation of church and state.'  Fischer and Swindell's fight had no real basis in the Constitution, and they got tagged with legal fees because a judge considered their arguments frivolous.

I also don't think Fischer fully appreciates the predicament in which he's placed the city of Boise.  Yes, the city has lawyers, but it has an obligation to make sure their work is done as cost-effectively as possible for the benefit of the taxpayers.  When litigation of this type is filed, Boise should try to recoup costs because if Fischer and Swindell don't pay their bill, taxpayers will.  Now city officials are basically being asked to forgive the debt, opening up a Pandora's box of potential legal problems.  Let's say the state of Idaho gets sued for not recognizing gay marriages performed in California.  Would Fischer support waiving the legal fees were a gay rights organization to sue, lose, and be ordered to pay legal fees?

But Fischer and Swindell are right when they argue citizens should have been given more opportunity to have input on this public policy debate.  City council was within its rights to vote to move the monument, but could have been much more up front and candid with the citizenry of Boise about a decision that many felt was important.  What may seem trivial from an objective standpoint can still stir passions and I suspect city officials knew that.

In that context, it is my hope some cooler heads at city hall would prevail, that the city of Boise would approach Fischer and Swindell and come up with some sort of agreeable 'pennies on the dollar' settlement. 

Boise cannot be in a position to encourage activists of any stripe to endlessly tie up their attorney at taxpayers' expense, yet the city also needs to send a message that public input and participation is encouraged.  Those who raise their voices or publicly oppose the decisions of city officials are providing an important service.  Putting liens on people's property and sending threatening letters looks too much like strong-arming and intimidation and that really serves no one.

Comments

[BroncoP3t3]

I just hope that the city is fair and if they give Fisher and Swindell a break that they give others who owe them court fees a deal. Or just make people clean up their own mess. There were many people who supported Fisher and Swindell and put signs in their yards, maybe they can be hit up in this troubled economy to pay for the decisions for their leaders.

[David]

This is just another ploy for Generation Life et. al. to play the victim card and woop up support with emotional tactics.

A key question to ask, did the City ask for the payment of the fees? Maybe the Federal District Court made the judgement with an adequate precedent.