Elizabeth School District, with 2,666 students, has refined the art of wasting dollars on faulty lawsuits. Last year, the district lost an open meetings case when it imprudently failed to properly notify the public of agenda items. That suit ran up an $80,000 bill that could have been settled for much less.

This month, the district backed out of book-banning litigation before the U.S. Court of Appeals in the 10th Circuit. The infamous case relates to an injunction preventing the district from banning 19 books. The district’s retreat, announced by Superintendent Dan Snowberger in an update to parents, occurred just days before the hearing.

According to statements from the courthouse, judges spent many hours reviewing legal documents. Count up that money from U.S. taxpayers. It’s rare, if not unique, for an appellant to pull out of an appeal a couple of days before the hearing. The court stated, “This appeal has been set for oral arguments for more than two months.” The decision to back out “is not well taken.”

The district also squandered money from individual donors who contributed funds to cover legal expenses. Then there are dollars from district and state taxpayers out of the district’s bank account to cover legal expenses. Finally, tote up dollars accrued by the ACLU, the plaintiffs’ legal team. If and when ACLU wins the case when it goes to trial, the district will be on the hook for those costs.

This is how Superintendent Snowberger presented the pull-out situation to parents: “As many of you know, the district continues to defend itself against a lawsuit by the ACLU challenging the school board’s decision to remove pornographic and age-inappropriate materials from our school libraries over 16 months ago. The district is actively working with legal counsel to defend the district and to ensure our story is presented to the courts for final resolution.”

Snowberger also jabbed the media in his report to parents. “It has been disappointing — but not surprising — that the Denver-metro media has refused to present both sides of the issue.” A quick review of Snowberger’s public appearances and interviews defending banning books shows he’s had many opportunities to make his case to the press and the public. Even Jon Caldara, libertarian from the Independence Institute, gave Snowberger plenty of time on his podcast, Devil’s Advocate.

Teachers clearly do not have a presumed right to free speech in Elizabeth public schools. Middle school dean LeEllen Condry was fired, she alleges, because she objected to the book banning in a letter to the school board and superintendent. She argued the removals targeted authors of color that suggested racial censorship and viewpoint discrimination. The banning, she stated, was ethically wrong. Her discrimination suit filed late last year will occupy more district time and money.

These cases come from a gaggle of lawyers, educators and conservative leaders who are testing Colorado’s and the nation’s relationship to the First Amendment and public-school finance. Brad Miller of Miller Farmer Carlson law has represented Elizabeth School District from one lawsuit to another. He and Superintendent Snowberger got together through their ER-BOCES and Woodland Park school district connection with Ken Witt, former school board president of Jefferson County Schools. Snowberger worked at ER-BOCES after he was fired from Durango School District. ER stands for “education reenvisioned.”

ER-BOCES, not associated with Colorado’s traditional BOCES programs, provides online, hybrid online, brick and mortar, and homeschooling education. Though the programs are rated “accredited with improvement plan” by the Colorado Department of Education (CDE), that is risible. According to the CDE school accountability website, ER-BOCES educates 10,312 students, but there are only 920 valid scores on CMAS and high school tests. More than 2,000 parents opted their children out of the standardized tests in a massive opt out statement. The “accredited with improvement plan” represents about 10% of ER-BOCES students. These statistics reveal two problems: 1. CMAS and PSAT tests are too often dubious measures of school performance and 2. Dubious public education providers are profiting from dubious education programs.

Witt through ER-BOCES, along with Miller as attorney, have persuaded Pueblo’s school district 49 to authorize Riverstone Academy with Forging Education as its curriculum and education service provider. That’s four entities involved in a school with 30 students. The goal is to take a test case to the U.S. Supreme Court to allow public education tax dollars underwrite K-12 religious schools.

The big picture looks like this: Snowberger and Miller are wasting precious Elizabeth School District dollars on losing lawsuits. Miller and Witt, both of whom got kicked out of Woodland Park school district after pushing around public school teachers, parents and children, have now hooked up with Pueblo’s D-49 to waste more money on an effort to grab public money for religious education. In a district election turnaround, the D-49 school board is now in a stand-off as to whether to proceed with Miller’s and Witt’s religious school litigation.

Miller, Witt, and Snowberger are making good livings while their schools and districts are pinched. So much for conservative fiduciary oversight of Colorado’s public school tax dollars in budget crunch times.

Paula Noonan owns Colorado Capitol Watch, the state’s premier legislature tracking platform.