On Friday, Nov. 20, Judge William T. McPhee dismissed 11 of 12 charges filed by Washington Education Association against the Evergreen Freedom Foundation, an Olympia-based public policy research group.
"Judge McPhee’s decision to dismiss these charges clears the way for us to devote our attention fully to our efforts to protect the rights of teachers and ensure free and fair elections in Washington state," said EFF President Bob Williams.
Among the claims dismissed were charges that EFF had violated the First Amendment rights of the WEA, in addition to allegations that EFF interferes with the WEA’s right to petition government.
The WEA filed the 12 charges in response to an EFF lawsuit.
In 1997, EFF filed a lawsuit against the WEA, NEA and UniServ districts relating to campaign-finance violations by the unions in the 1996 elections. EFF brought the suit after Washington state teachers asked for EFF’s assistance in investigating allegations the WEA had violated Initiative 134, a 1992 voter-approved campaign finance reform law.
Among charges contained in EFF’s suit are that the WEA and UniServ councils failed to register and report as political committees, and that the WEA and school districts have violated and continue to violate Washington’s paycheck protection law by using payroll deductions for politics.
EFF’s trial against the union for use of dues for politics is scheduled for trial on May 3.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"