The Arizona Libertarian Party couldn’t get a judge to stop the Oct. 13 presidential debate at Arizona State University, but the party’s lawsuit contending that ASU’s hosting of the event amounted to an unconstitutional giveaway is alive in Maricopa County Superior Court.

Judge Pendleton Gaines on Oct. 12 denied the Libertarians’ request for an injunction to stop the debate. The party decided against an appeal, said Barry Hess, vice chair of the party.

But the main section of the lawsuit still is active, said David Euchner, attorney for the Libertarians. The lawsuit contends that by excluding Libertarian presidential candidate Michael Badnarik from the debate, ASU – a taxpayer-supported institution – effectively is “making a donation to two individual campaigns, through the Commission on Presidential Debates as a conduit, in violation of the Arizona Constitution.”

Article IX, Section 7 of the Arizona Constitution, reads:

“Neither the state, nor any county, city, town, municipality, or other subdivision of the state shall ever give or loan its credit in the aid of, or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation, or become a subscriber to, or a shareholder in, any company or corporation, or become a joint owner with any person, company, or corporation, except as to such ownerships as may accrue to the state by operation or provision of law or as authorized by law solely for investment of the monies in the various funds of the state.”

Mr. Euchner argued that since Mr. Badnarik is on the ballot in Arizona, a state-supported institution should have allowed him to participate in the debate along with President Bush and Sen. John Kerry.

Mr. Euchner said his clients are seeking to recover ASU’s costs for hosting the debate, which the university has pegged at $2.5 million. Mr. Euchner said the figure probably doesn’t include hundreds of hours of staff time in organizing the event.

University officials have said they are seeking contributions to help offset the cost of staging the debate.

Mr. Hess said that if the Libertarian Party wins the case, it will turn the money back to the state treasury. —