D-86's Legal Bills For Fighting Free Speech Lawsuit Even Higher

HINSDALE, IL — The law firm that defended Hinsdale High School District 86 from a First Amendment lawsuit never filed a response to the claims in the litigation. Instead, the district settled the case — 112 days after the lawsuit was filed. While the litigation was active, the law firm's work appeared to be mostly correspondence and phone calls, according to heavily redacted invoices provided by the district.

Even with the lack of a major pleading, the district's legal bills with its law firm, Arlington Heights-based Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, amounted to $25,521. Patch previously reported that the bills through the end of April totaled $21,579.

But Patch recently obtained the bills through May 31. The district settled the lawsuit May 28, agreeing to pay the plaintiffs' legal bills of $21,000. The total legal price tag is $46,521.

It is unclear why the district did not file a response to the litigation. Patch couldn't reach the district's spokesman for immediate comment.

At the Dec. 12 school board meeting, residents Meeta Jain Patel, Kara Kuo and Kim Notaro tried to read a letter by resident Dan Levinthal that alleged Carol Baker, the assistant superintendent of academics, opposed cutting course offerings in another district but supported doing so in District 86. But school board President Nancy Pollak stopped each of them from speaking, saying they were not allowed under the rules to speak about specific personnel.

"It's inappropriate. I'm sorry," Pollak told Kuo at the meeting.

"I'm sorry, too. You're violating my First Amendment rights," Kuo replied, prompting Pollak to suggest that she file a complaint.

In February, the residents did just that, filing a federal lawsuit claiming violations of the First Amendment and the state's open meetings law. They named Pollak and the board as defendants.

Represented by attorney Joshua Burday, the residents argued the board had no right to discriminate between viewpoints. They gave examples in which the board allowed praise of top officials in the district, yet prohibited criticism.

However, Kevin Camden, the new board president, argued the settlement means residents could subject district employees to "verbal abuse." He was the only board member to vote against the agreement.

In the December meeting, the residents were voicing their objections to changes in the school district's science curriculum, a controversial issue.

Pollak recently left the board, with officials saying she was moving out of town.

Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP regularly provides District 86 legal services. In a recent five-month period, the firm received nearly $200,000 from the district.