A chapter of the KKK in Georgia has filed a lawsuit against the state through the American Civil Liberties Union, which states that the group was unfairly denied the chance to at the Adopt-A-Highway program, which keeps roadways and surrounding areas free of litter. The suit could be dismissed, however, on the grounds that the state cannot be tried by citizens.

It’s a touchy subject, to be sure, and one which is sure to see a great divide between supporters and those in opposition. The state of Georgia says they denied the request because of potential motorist hazards presented due to the speed limit on the stretch of highway–55 MPH–and the distraction the group could cause to drivers. The ACLU contends that in doing so, the state has violated the group’s right to free speech.

This isn’t the first time the KKK has attempted to participate in the program and been denied; a 2001 case saw the KKK win a lawsuit against the state of Missouri after they were refused a permit based solely on their organization’s history. However, the state of Georgia says they have a stronger case, because the stretch of highway the group wanted was ineligible for the program.

In a response to the lawsuit on Monday, the state of Georgia has asked a judge to dismiss the suit, saying the KKK didn’t file a challenge to the denial of a permit within 30 days.