On July 19, 2001, a Missouri chapter of the Ku Klux Klan ("KKK") filed a lawsuit in the United States District Court for the Eastern District of Missouri under 42 U.S.C. § 1983 against the Missouri Highway and Transportation Commission. The KKK, represented by private counsel, sought declaratory and injunctive relief, claiming that the Defendant's denial of its application to the Missouri Adopt-A-Highway program abridged its First Amendment right of freedom of association.

On September 10, 2003, the Court (Judge Catherine D. Perry) ordered summary judgment for the KKK, and enjoined the State from denying the its application to the Adopt-A-Highway program. 281 F.Supp.2d 989. The parties then agreed that the Defendant would pay Plaintiff over $40,000 in attorney's fees, plus $953 in costs.

On June 3, 2004, the United States Court of Appeals for the Eighth Circuit (Judge Morris Sheppard Arnold) affirmed the District Court's decision, noting that denying the KKK from admittance into the Adopt-A-Highway program solely because of its history violated the Plaintiff's rights of freedom of association and expression. 370 F.3d 735. The Appeals Court awarded the KKK additional attorney's fees and costs, to cover the appeal.

The U.S. Supreme Court denied certiorari on January 10, 2005. Rahn v. Robb, 543 U.S. 1054 (2005).

Joshua Arocho - 06/14/2012


compress summary