By KATE BRUMBACKAssociated Press
ATLANTA (AP) - The state of Georgia is asking a judge to dismiss a lawsuit filed by the Ku Klux Klan challenging the group's application being denied to participate in a highway cleanup program.
The American Civil Liberties Union Foundation last month filed suit on behalf of the Ku Klux Klan, saying the state violated the group's right to free speech.
The state on Monday filed a response to the suit in Fulton County Superior Court.
The response argues claims against state agencies and officials are generally barred in state courts by sovereign immunity.
The state also argues that even if that were not the case, the suit should be dismissed because the KKK didn't file the lawsuit in time and didn't take advantage of other existing legal avenues for appeal.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.