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Published - Sunday, June 22, 2008

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School district’s legal costs $4,000

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The Tomah School District may have lost two recent lawsuits, but the out-of-pocket expense to the district is only $4,000.

The district’s insurance carrier, Employer Mutual Casualty, Inc., of Milwaukee, will absorb nearly all the cost of two lawsuits brought against the district. The district’s financial liability is limited to a $2,000 deductible for each case.

Superintendent Bob Fasbender is glad to have both cases resolved.

“From my perspective, maybe be we can focus on things that improve the education for children and not things we have no control over,” Fasbender said.

The two cases resulted in judgments that forced the district to pay the winner’s legal fees.

The first case involved an interpretation of the state Open Meetings Law. In a case that went to the Wisconsin State Supreme Court, Brian Buswell of Tomah successfully argued that government meeting notices must contain reasonably detailed information about the subjects up for discussion. Since the Supreme Court overturned an appeals court precedent and ruled that the district followed that precedent in good faith, the district wasn’t required to reconsider the decisions that were challenged by Buswell. However, since Buswell was successful in creating a new legal precedent, the court ordered the district to pay Buswell’s legal fees. Employee Mutual Casualty settled on $37,000 in March.

The second case involved a Tomah High School art student who challenged a teacher’s classroom policy that prohibited religious imagery in any art project. The case was settled before it was heard in federal district court. Employee Mutual Casualty agreed to pay $17,500 to the Alliance Defense Fund, which represented the student.

Fasbender said the two cases won’t impact the district’s premium for errors and omissions. Last year, the district’s E&O premium was $4,239; this year, it’s $4,367.
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To Lets see wrote on Jun 25, 2008 12:29 PM:

" You COULD care less about the policy? Good, because the policy is what this whole issue was about. If the policy is so important to you, what exactly did the policy state, and why do you think it was or wasn't a fair policy? "

Chris King wrote on Jun 25, 2008 10:25 AM:

" A mildly disobedient stance, while recognizing he did not break any laws, in the face of a discriminatory, summarily instituted government school policy is entirely acceptable, and I should hope that my children will have the courage to stand up for themselves when/if government officials attempt to stifle their God given and constitutionally protected rights!

The fact is that the school reversed the policy because it DID violate constitutional rights of students. The fact that the policy was never challenged prior to AP's encounter with the policy does not indicate negligence on the part of Christians. It only indicates that the school was getting away with it, until the policy violated the rights of an individual who was well INFORMED of his rights!

Let's quit beating a dead horse now. There is no need to continue re-hashing the issue. What's done is done. When/if the reversal of policy causes problems for someone, then it may be a valid subject of discussion. Otherwise, let it go man! "

Lets see wrote on Jun 24, 2008 5:55 PM:

" Okay, had you had to pay the 17,500 for the FARCE work out of your own pocket then maybe that would be right, but you had an Alliance pay for it to get your point across, which then got the school's insurance to pay for YOUR plan. I could care less about the policy and more about how you people went about it, based on lies, NOT CHRISTIAN VALUES. Why then did he wait till his senior year to pull this about the policy?? Seems he went through school the entire time it was enforced, why didn't you "Christian's" change that along time ago then if you didn't like it. That's right, you needed someone to use, someone to do it for you. Nice job teaching a kid that he can be disrespectful to teachers and not follow directions. Then when kids misbehave in school as long as it is for the "Christian's", that's okay?? It isn't any different than any other kid being disruptive for ANY reason. I didn't know Christian's were teaching their children to be disrespectful of other's, esp. those in a semi controlled environment. Still do not agree with the way you falsely presented your complaint, God know's the truth and you will have to answer to him, lying is lying....plain and simple. Kid did not follow directions, period. "

To What other religions wrote on Jun 24, 2008 4:42 PM:

" Do us a favor. Look up the exact wording of the policy that was changed, and post it here. Then, make your argument regarding why you think the policy should not have been changed. The people who think it should have been changed made their arguement. Now lets hear yours. "

To second and third posts wrote on Jun 24, 2008 9:24 AM:

" Why should anyone have to ask your permission for an unjust policy to be changed? If it is unjust, it should be changed no matter your opinion or feelings about it. The policy limited students rights to religious expression. Obviously, that is wrong and needed to be changed. Too bad it cost $4,000.00 for the school to figure that out. "

What other religions wrote on Jun 24, 2008 6:29 AM:

" What religions were being used and to what degree?? The pictures they presented for their argument as examples were not religious based, not even a landscape. Lawyer's lie, that's what they get big money for. Let's see, they won the first argument, but because Mr. Buswell was successful in creating a new legal precedent, the court ordered the district to pay Buswells legal fees. Thus another "law" is made. The problem is that HE should pay for his new "precedent's" HE set. Let's see, they won the first time but had to pay $35,000 to a lawyer (I'm sure because they have insurance for this) or perhaps his relation, as the judge had no idea about that, so who got the $35,00??? Even though the school was not wrong. Next, the "oppressed" christians got National News on falsly presenting the facts. Hmmm.....maybe YOU people should run the world since you know what is so good for everyone, that's right, you are trying too.

As far as the art work, not following directions, being disrespectful to a teacher, lying are NOT CHRISTIAN values. He could pray when he wanted, talk about religion when he wanted, wear his religious T-shirts so he was not "oppressed". But, it was put on national news as him being singled out for his religion, causing many Christians to "cheer" him on and to send nasty messages to the school and then cause many people to harrass the school and individuals over it?? Hmm. The school NEVER got to even tell their side, it was blasted on the news before they could even TRY to settle this, yeah, that was a fair way to sway a potential upcoming law suit. Using examples of mythical creatures and calling them "demonic", where were the landscape examples with floating verses and of other religions in nature?? The kid could have used his imagination on that one, plain and simple. Many landscapes of churches, etc. but no FLOATING BIBLE VERSES OR ANY OTHER VERSES!!! If other kids complained I'm sure they did as they had to follow directions, including, but not limited to, the policy in place and the instructions for the assignment. "

To Where. wrote on Jun 23, 2008 3:03 PM:

" That's right, will not establish a religion, to include Christianity or any other religion. Thus the "mythical" separation of church and government. "

ITS TIME THE SCHOOL CLEANS UP ITS ACT wrote on Jun 23, 2008 2:25 PM:

" This was pure stupidity, and should have NEVER been policy. EITHER POLICY

The school board not disclosing enough info has been that way for ever so only the insiders would know what was on the agenda for each meeting, nice way for teachers union to control the system.

The fact that other religions were already being represented and Christianity could not was a MAJOR PROBLEM.

The fact that this could have cost the school really BIG MONEY says a lot for the attorney that told the school board to settle.


Separation of church and state is not in the constitution whatsoever. But it does say the STATE may not make any religion

the separation is to protect RELIGION from the STATE.

through the years the whacko's have argued and promoted it the other way. This is the way the progressives work they tell a lie often enough that many start to believe it

fasbender hasn't a clue how insurance works at all, by these 2 cases being charged against the policy it will no doubt go up, and the charges for the next 10 years or more in insurance premiums will probably be recovered "

Where wrote on Jun 21, 2008 9:25 PM:

" Where is this mythical "seperation of church and state" in the Constitution? I've read it several times. I see where it says the state/government will not establish a religion, however i see no mention of seperation. "

Oh no wrote on Jun 20, 2008 5:54 PM:

" So much for your "free lawyer"....the taxpayer's thank you and you are welcome!! Thanks for assuming all of us agreed he was being singled out. "

re Thanks TSD wrote on Jun 19, 2008 7:41 PM:

" More like, it looks like the taxpayers have to foot the bill because some kid doesn't listen to directions given by his instructor. Plain and simple. "

To Thanks TSD wrote on Jun 19, 2008 5:52 PM:

" What a moron, you people lied and are STILL lying....you didn't ask the community if everyone wanted the policy changed, YOU decided that it needed to be changed. Shame on you. What part of separation of church and government do you not understand....he was allowed to express his Christianity in a public school in many ways. God does not want you to force religion but rather through actions so don't complain about any other religion as this policy opens it to all religions, just not the Christian view. Public schools are just that. I don't want my kids exposed to Wicca or other religions or I would send them to a school of that religion. But, now in Tomah anything is game, thanks to the oppressed christians here. What a wonderful way to send the message as we already have too many false prophets making money off of and for His name. No wonder he is angry!! You need to get your eyes checked, you have tunnel vision. "

All that wrote on Jun 19, 2008 5:22 PM:

" And the attorney's are the winner's folks!! That sure is an expensive piece of FARCE work. Perhaps the people who file the lawsuits should also have to pay the bill if they want it so bad. That's how laws get passed and just makes more laws to be confused with other things. Hello?? What ever happened to asking the majority of folks who live in the town about choices rather than FORCE it on them. I forgot, that would be the "Christian" thing to do. "

Thanks TSD wrote on Jun 19, 2008 4:12 PM:

" Well, it looks like the taxpayers have to foot the bill because of some teachers bigotry against Christian expression. What a shame. "


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