The southwest suburb of nearly 15,000 is appealing last week's setback in federal court - and might get an assist from the American Civil Liberties Union.

U.S. District Court Judge Ted Stewart denied an injunction that would have prevented ballots from being either cast or counted in the Nov. 6 vote that could splinter the state's largest school district.

But the City Council and Mayor Lynn Crane decided in a closed meeting this week that they would appeal that decision to the 10th U.S. Circuit Court in Denver.

"This is a matter of fairness, and when it's a matter of fairness, it's a matter of principle," Crane said. "I want to do everything we can do to make sure our residents are treated fairly in a question that's going to have monumental impacts upon every resident in the Jordan School District."

The appeal is paired with a still-existing lawsuit that challenges the constitutionality of the coming vote, which will ask east-siders and West Jordan residents whether they should peel off from Jordan District.

That suit alleges that an exclusive vote violates the 14th Amendment's equal-protection clause by forbidding Herriman, Bluffdale and Riverton residents from casting ballots on an issue that will affect them.

South Jordan will not vote in November either, but it might ask its residents next year whether it should create its own district.

The ACLU might bolster Herriman's cause by filing a brief on the equal-protection argument, said Marina Lowe, a staff attorney with the Utah chapter.

Herriman's decision to appeal came one night after residents - from that city and surrounding ones - gave officials the greenlight to press the issue.

Councilwoman Michelle Facer-Baguley called the upcoming vote "taxation without representation." She said the Jordan District - both east side and west - has been in the same education boat all along, so everyone ought to decide, even if that results in a split.

"We'd uphold and abide by that," Facer-Baguley said. "But the fact that the right [for a wider vote] is not available is the main reason we're going forward" with the appeal.

Council members acknowledged the appeal itself would cost more city cash, but Baguley said residents are more concerned about the consequences if the split occurs - specifically the potential of being taxed out of their homes if west-siders are forced to go it alone to fund a rapidly growing school system.

Crane said he worries even more about the schoolchildren. He noted Jordan District has some of the finest services for special needs and handicapped children, but those could be in jeopardy.

"If the district divides and all the assets are divided up, I think, particularly in area of special needs, some will end up with less services and less opportunities than before," he said. "And that's likely to happen with students across the board."

Herriman City Attorney John Brems conceded it's too late to prevent the November vote through an injunction, but the city hopes the court will direct the county clerk and lieutenant governor not to count and validate the ballots.

"There's no way to do anything else," Brems said, "they've already locked this into the electronic voting machines."

And while Herriman, which stands alone in its efforts to prevent the split, is running out of options, Brems said this appeal is not the last hope, but "the next hope."

sgehrke@sltrib.com