The state Legislative Research Commission is arguing that none of its members can be sued in an ongoing harassment case due to a state law that permits immunity to lawmakers.
The LRC’s governing body is made up of 16 legislative leaders from the House and Senate.
The case stems from allegations by female state House staffers who alleged they were sexually harassed and assaulted by former state Rep. John Arnold. Leslie Vose is a private attorney hired by the LRC.
“The legislature, the Senate and the House are immune from being sued for violation of state and federal Civil Rights law. It’s a clear, black-letter law, and we’ve asked the court to address it before we go further.”
Vose says that the matter has already been appropriately settled by the Kentucky Legislative Ethics Commission, which found Arnold guilty of three counts of harassment and fined him $3,000.
David Ward, and attorney representing the women, says that legislative immunity doesn’t apply to the LRC as an entity, and that Arnold and other members of the legislature should be named as defendants. Ward argues that immunity only applies to official legislative business, such as when members are giving speeches on the chamber floor.
“Legislative immunity is not intended to be applied to an entity. It’s intended to be applied to legislators, therefore the LRC shouldn’t be allowed to claim legislative immunity,” said Ward.
Ward will present a response to the LRC’s motion by Oct. 15.