The attorneys for Straights and Gays for Equality (SAGE) have filed a motion asking a federal court to order Osseo School District 279 to pay attorney fees in the case involving two former group members.

The motion, filed Sept. 12 with the United States Court of Appeals for the Eighth Circuit, asks for $64,060 in attorney fees.

The case dates back to the fall of 2005 when a lawsuit was filed against the district alleging violations of the Equal Access Act and First Amendment.

In the initial complaint, the students asserted that in previous years, certain non-curricular groups at Maple Grove Senior High were given "favored group status" and allowed to do things that normally were only allowed for curricular groups, including use of the school's public address and video scrolling systems to announce meeting times and places.

In September 2005, U.S. District Court Judge Joan Ericksen ruled the students should have equal access. In April 2006, Ericksen issued a preliminary injunction ordering Maple Grove Senior High to give SAGE the same access as curriculum related groups.

The district appealed to the United States Court of Appeals for the Eighth Circuit. A ruling in December 2006 upheld Ericksen's decision.

In September 2007, Ericksen granted SAGE partial summary judgment - making the preliminary injunction permanent - finding that four student groups at Maple Grove Senior High currently classified as curriculum-related were non-curriculum related.

The district appealed the District Court decision, believing that the student groups at issue were correctly classified.

On Aug. 29, the United States Court of Appeals for the Eighth Circuit affirmed the ruling of the lower court.

In their Sept. 12 motion, SAGE attorneys argue they are entitled to attorney fees under federal rules because the district's "appeal is frivolous" and the claim for fees is "reasonable and has been properly substantiated."

An affidavit filed with the motion shows the attorneys' fees are sought for work performed from April 6, 2006, through Sept. 9, 2008. The motion indicates the time and expenses for the first appeal was $34,902 and the second appeal was $29,158.

Thomas Kayser, attorney for SAGE and two of its former members who filed the lawsuit, said they decided to proceed with the motion for attorney fees because they have "prevailed multiple times" in District Court and "feel we have a strong position."

Attorneys for the Osseo School District filed an objection to the motion on Sept. 22.

In the objection, the district argues the request for attorney fees is "premature," that the "school district's appeal was not frivolous" and certain fees claimed by SAGE are "clearly unreasonable and excessive and should be denied."

The district also argues a determination of attorneys' fees - if appropriate - should be determined by the District Court since it maintains jurisdiction in this case.

"Even if SAGE is entitled to an award of fees, which the school district does not admit, some of the fees sought by SAGE are unreasonable and excessive and, at a minimum, $8,157 should be denied," District 279 attorney Stephen Knuston wrote in the objection.

The motion is currently awaiting ruling.

District 279 School/Community Relations Coordinator Barbara Olson said any fees awarded would be covered by the school district's insurance policy.

In regards to the Aug. 29 ruling against the district, Olson said the school board has not yet made a decision on how - or if - they will proceed with further litigation.

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Attorneys for the Osseo School District filed an objection to the motion on Sept. 22.

In the objection, the district argues the request for attorney fees is "premature," that the "school district's appeal was not frivolous" and certain fees claimed by SAGE are "clearly unreasonable and excessive and should be denied."

The district also argues a determination of attorneys' fees - if appropriate - should be determined by the District Court since it maintains jurisdiction in this case.

"Even if SAGE is entitled to an award of fees, which the school district does not admit, some of the fees sought by SAGE are unreasonable and excessive and, at a minimum, $8,157 should be denied," District 279 attorney Stephen Knuston wrote in the objection.

The motion is currently awaiting ruling.

District 279 School/Community Relations Coordinator Barbara Olson said any fees awarded would be covered by the school district's insurance policy.

In regards to the Aug. 29 ruling against the district, Olson said the school board has not yet made a decision on how - or if - they will proceed with further litigation.

Comment on this story at our website, www.mnsun.com.