A Maricopa County Superior Court judge ruled Tuesday to deny the Arizona Libertarian Party's request to block the presidential debate at ASU because a delay in filing the lawsuit would work unfairly against ASU and the Commission on Presidential Debates.
Judge Pendleton Gaines ruled there was sufficient public purpose for the debate and that blocking the debate would be unfair to ASU and the CPD.
But the Arizona Libertarian Party can pursue damages against ASU and the CPD for any constitutional violations, according to the party's attorney, David Euchner.
The Arizona Libertarian Party filed a lawsuit against ASU and the CPD on Oct. 1 seeking to block the presidential debate because the event unfairly excluded Libertarian candidate Michael Badnarik, who is on the ballot in Arizona along with President Bush and Democratic candidate Sen. John Kerry.
ASU officials could not be reached for comment Tuesday evening.
In the lawsuit, the Libertarian Party accused ASU and the CPD for illegally using tax dollars to fund preparations for the debate. The complaint also claimed as a public university, ASU was making partisan campaign contributions to Bush and Kerry by using its resources to plan and carry out the debate.
ASU officials had said that private funds and in-kind contributions are being used to put on the debate and that no public funds are being used.
Khurum Atiq, president of the College Libertarians at ASU, said he was extremely disappointed with the ruling.
"It was a clever decision by the judge, but it was not necessarily the right decision, "Atiq said.
Reach the reporter at laosamoa.poasa@asu.edu.
