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Board approves engagement of ACLJ to defend prayer practice at meetings

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Summary

Rutherford County School Board voted to engage the American Center for Law and Justice (ACLJ) to provide pro bono legal labor to defend the board’s practice of opening meetings with prayer; the board was advised that any damage awards would remain the district’s responsibility.

The Rutherford County School Board voted April 24 to engage the American Center for Law and Justice (ACLJ) to provide legal support opposing complaints about the board’s practice of opening meetings with prayer. The engagement letter provided to the board states ACLJ would provide pro bono legal labor but would not be responsible for any damage awards or settlement amounts that might be assessed against the district.

Board counsel Jeff Reid explained the engagement letter and said ACLJ specializes in constitutional litigation and has offered to provide legal labor at no cost to the board. Reid cautioned that although ACLJ would provide legal services without a labor fee, any damages or monetary awards assessed against the board would remain the district’s responsibility.

Some board members opposed the motion and urged budget preparations in case the board is sued. Board member Mister Vaughn asked the board to “move probably a million dollars over to our defense or legal fund”, citing the likelihood of litigation costs; that suggestion was noted but not adopted as an immediate motion. After discussion, the board approved engaging ACLJ by majority vote.

Why it matters: The engagement signals the board intends to defend a contested practice that a public commenter said may violate the First Amendment. Legal outcomes could carry financial risk for the district even if counsel is provided at no labor cost.

Ending: The board authorized staff to execute the engagement letter with ACLJ and directed legal staff to continue advising the board on exposure and budget planning.