Campus Reform continues to closely follow our lawsuit against Northeast Wisconsin Technical College on behalf of Polly Olsen, who was disciplined by the school for handing out religiously themed valentines.
Olsen is being represented by the Wisconsin Institute for Law and Liberty (WILL) and NWTC is being represented by Davis & Kuelthau. NWTC is asking for the case to be dismissed with prejudice due to the “doctrine of unclean hands,” according to the Green Bay Press Gazette.
Defendants use the doctrine to argue that the plaintiff is not entitled to remedy because the plaintiff acted unethically or in bad faith. In this case, the college is stating that Olsen was motivated to hand out Valentine’s Day cards in an effort to confront the college over its policy, which she considers restrictive.
Olsen’s legal counsel, Rick Esenberg of the Wisconsin Institute for Law and Liberty, dismissed NWTC’s claim.
“It is a frivolous argument,” Esenberg told Campus Reform. “American constitutional history consists of people doing things that they knew were prohibited so they could challenge the constitutionality of the prohibition.”
The college is asking that Olsen is denied the relief she requested, which was “nominal damages,” attorney and court fees, and “such other relief as this Court finds just and equitable.” In addition, it asked for the student to pay the college’s attorney and court fees.