District 86's Legal Bills For Fighting A Free Speech Lawsuit

HINSDALE, IL — In late May, the Hinsdale High School District 86 board settled a lawsuit filed by residents who were blocked from speaking at a public meeting. But the district spent a lot fighting the claim.

In response to a public records request last month, the district released its legal bills for the case, which was filed in federal court. The total spending on the case was $21,759 for the district's law firm, Arlington Heights-based Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP, according to the records. The firm did not file any major pleading in connection with the lawsuit, not even a response defending the district.

Under the settlement's terms, the district picked up the residents' legal costs, which amounted to $21,000. In total, the costs associated with the lawsuit were about $43,000.

At the December 12 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 filed 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, according to the lawsuit.

However, Kevin Camden, the new board president, argued the settlement means residents could subject district employees to "verbal abuse."

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.