Gwinnett judge tosses suit on schools’ campaigning

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October 25, 2012

Gwinnett judge tosses suit on schools’ campaigning

By BILL BARROW, Associated Press The Dalton Daily Citizen Thu Oct 25, 2012, 10:37 PM EDT

ATLANTA — A judge dismissed a lawsuit accusing Gwinnett County school officials and the Georgia School Boards Association of illegally campaigning against a proposed constitutional amendment to affirm the state’s power to create independent charter schools.

The action Thursday by Superior Court Judge Dawson Jackson effectively ends any legal challenges blocking public school authorities in Georgia from expressing their opposition to the amendment on the Nov. 6 ballot.

Gov. Nathan Deal and school choice advocates are pushing the amendment. It would allow the state to impanel a board of political appointees that could select independent organizations to run schools with public money. Local school boards now decide whether to issue charters, though an applicant who is denied can appeal to the Georgia Board of Education.

State Superintendent John Barge has led public school officials who say the new commission would bigfoot local authority and redirect money that would otherwise be spent on existing schools.

Their opposition has drawn the ire of the plaintiffs and other amendment supporters who cite Georgia laws that generally prohibit the use of public money for campaign purposes.

Dawson did not rule on the merits of the case. Instead he cited procedural mishaps in the way the plaintiffs filed the suit and supporting documents.

The plaintiffs in the Gwinnett case and a separate Fulton County case say officials violate the law when they speak publicly about the opposition in their official capacity, use official websites to suggest or explicitly declare opposition, spend any paid work time discussing opposition or sit as a full local board to adopt a resolution.

The Gwinnett suit named the School Boards Association because it collects dues payments from local school boards. The Fulton suit is pending, though an Atlanta judge has already refused a temporary injunction in that case and it is unlikely the matter will be settled before the election.

Judge Wendy Shoob said in a hearing that she interprets the law to mean that public money cannot be spent on obvious campaign activity, such as media advertising, consultants, yard signs and bumper stickers. Public officials, she said, do not sacrifice their First Amendment rights when they assume office.

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Gwinnett judge tosses suit on schools’ campaigning

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