The lawsuit contends the Freethinkers' rights were violated last year when Fargo refused to allow the group to put up its own monument near the Ten Commandments monument on city property.

The Freethinkers lost an earlier attempt to have the Ten Commandments monument removed. U.S. District Judge Ralph Erickson ruled in September 2005 that the monument celebrates both religious and secular ideals and does not violate the Constitution.